What is the ruling regarding a virgin's (Bikr) consent to marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The consent of a virgin is constituted by her silence, according to the general consensus of scholars. This is affirmed by the Prophet's saying: 'A widow shall not be married until she is asked for her consent, nor shall a virgin be married until her permission is sought.' When asked how a virgin gives permission, he replied, 'That she remains silent.' Silence is accepted because modesty acts as a restraint on her tongue preventing verbal consent, but she would not be shy about refusing. Therefore, silence is taken as an indication of her consent.
Supporting text
The view suggesting silence is not consent even in the case of the father is rejected as it entirely sets aside the clear prophetic narrations and constitutes a breach of the established consensus of the Ummah.