How should weeping or laughing during the request for a virgin's consent be interpreted?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a virgin explicitly states her consent, it is stronger and more complete than her silence. If she weeps or laughs, it is generally taken as equivalent to her silence, indicating consent. This is based on the narration that the Prophet (PBUH) stated: 'The orphan girl shall be asked for her consent; if she weeps or remains silent, it is her consent, but if she refuses, there is no validity to the marriage.' Since she does not utter refusal upon hearing the request, it implies consent, similar to silence or laughter. Weeping indicates extreme modesty, not dislike, as she would not be shy in expressing refusal.
Supporting text
Abu Yusuf and Muhammad held that if she weeps, it is not consent because weeping indicates aversion and is not silence, thus falling under the general prohibition against marrying without consent. However, the primary evidence indicates that anything in the meaning of silence, such as laughter or weeping, is accepted as consent.