Is the wife's permission required in front of witnesses for the marriage contract?
The majority of scholars do not stipulate the requirement of witnessing a woman's permission for marriage, contrary to an anomalous opinion within the [Maliki] madhhab. The proof for this is the hadith narrated by Abu Hurayrah, in which the Prophet, peace and blessings be upon him, said: "A non-virgin woman may not be married until she is consulted, and a virgin woman may not be married until her permission is sought." They asked, "O Messenger of Allah, how is her permission [expressed]?" He said: "By her silence."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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