What is the ruling on the consultation or seeking permission from a virgin regarding marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The seeking of consent or permission (*isti'dhan*) mentioned in relation to the virgin is recommended, not obligatory. This is supported by the narration of Ibn 'Umar: "Command the women concerning their daughters" (Reported by Abu Dawud). The hadith regarding the girl whom the Messenger of Allah (PBUH) gave the choice is considered interrupted (*mursal*). It is also argued that what is not stipulated for the marriage of a minor (like explicit consent) is not stipulated for the marriage of an adult, such as speech.
Supporting text
One interpretation regarding the Hadith distinguishing between the widow and the virgin is that the *isti'dhan* (seeking permission) for the virgin is recommendatory, based on the Prophet's statement: "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." Since the hadith established a right for one party (the widow) and implied its negation for the other (the virgin), the requirement is considered recommendatory.