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Mishkat al-Masabih

Book 13

293 hadiths

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Showing hadiths 2140

Hadith Number 3127enOfficial

Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “A woman without a husband has more right to her person than her guardian, and a virgin’s permission must be asked about herself, her permission being her silence.” In a version he said, “A woman who has been previously married* has more right to her person than her guardian, and a virgin must be consulted, her permission consisting in her saying nothing.” In another version he said, “A woman who has been previously married has more right to her person than her guardian” and a virgin’s father must ask her permission about herself, her permission being her silence.” * Thayyib. This means a woman previously married who has no husband. In view of the context it is argued that ayyim is used above in this sense. Muslim transmitted it.

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Hadith Number 3131enOfficial

‘A’isha reported God’s Messenger as saying, “If any woman marries without the consent of her guardian her marriage is void, her marriage is void, her marriage is void. If there is cohabitation she gets her dower for the intercourse her husband has had. If there is a dispute*, the sultan is the guardian of one who has none.” * i.e., among guardians, Mirqat iii. 418 says that if their dispute would keep a woman from being married, they are treated as non-existent. Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

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