Does a father have the authority to compel his adult, sane, virgin daughter into marriage without her permission?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Regarding an adult, sane, virgin daughter, there are two narrations from Ahmad. The first is that the father may compel her, and marry her without her permission, similar to the minor. This is the position of Malik, Ibn Abi Layla, Al-Shafi'i, and Ishaq. This view is supported by the narration from Ibn 'Abbas that the Messenger of Allah, peace be upon him, stated: "The widow has more right over herself than her guardian, and the virgin is to be asked for her consent, and her silence is her consent" (Agreed upon). The interpretation is that the distinction made between the two groups implies that the right of the guardian prevails over the virgin.
Supporting text
The second narration from Ahmad holds that the father does not have this right. This is the view of Al-Awza'i, Al-Thawri, Abu 'Ubayd, Abu Thawr, the proponents of *Ahl al-Ra'y*, and Ibn Al-Mundhir. This is based on the Hadith that the Prophet, peace be upon him, said: "The woman who has never been married is not to be married until she is consulted, and the virgin is not to be married until her permission is sought." Furthermore, the narration from Ibn 'Abbas where a virgin girl came to the Prophet, peace be upon him, complaining her father married her against her will, and the Prophet gave her the choice, supports this view. Additionally, since she is competent to manage her property, compelling her is not permissible, similar to a previously married woman and a man.