What is the ruling on marrying off a mature widow (Thayyib)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage of a mature widow requires her explicit consent, according to the general consensus of scholars. Evidence for this requirement is found in the Hadith: 'A widow shall not be married until she is asked for her consent,' and 'The widow has more right over herself than her guardian.' Another narration states: 'The guardian has no say concerning the mature woman.' The basis for this is that she is rational and knowledgeable of the purpose of marriage, and compulsion is not permissible for her, similar to a man. The ruling excluding compulsion applies because she is knowledgeable of the marital purpose.
Supporting text
Al-Hasan held that her guardian may marry her off even if she dislikes it. Al-Nakh'i stated that if she resides with her husband's family, she is consulted, but if she is divorced and resides in her own house with her dependents, she must be asked. This latter opinion, held by Al-Hasan, is considered an isolated view (*shadh*) contradicted by established Sunnah, as demonstrated by the case of Al-Khansa bint Khuzaym al-Ansariyyah, whose father’s marriage to her was annulled by the Prophet (PBUH) when she complained of her dislike for it.