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Hadith 34890
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only
married with the consent of her guardian, someone of her family with
sound judgement or the Sultan.
Muwatta Malik Book 28, Hadith 5
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Malik related to me from Abdullah ibn al-Fadl from Nafi ibn
Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah,
may Allah bless him and grant him peace, said, "A woman who has been
previously married is more entitled to her person than her guardian,
and a virgin must be asked for her consent for herself, and her
consent is her silence " Muwatta Malik Book 28, Hadith 4
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Yahya related to me from Malik that he had heard that al-Qasim
ibn Muhammad and Salim ibn Abdullah were marrying off their daughters
and they did not consult them.
Malik said, "That is what is
done among us about the marriage of virgins."
Malik said, "A
virgin has no right to her property until she enters her house and her
state (competence, maturity etc.) is known for sure." Muwatta Malik Book 28, Hadith 6