Does mentioning a non-virgin wife (thayyib) in a marriage contract, contrary to her true status, affect the legal consent, considering that the consent of a thayyib differs from that of a virgin (bikr) in the hadith: "A non-virgin woman may not be married until her command is sought, and a virgin may not be married until her permission is sought." They said, "O Messenger of Allah, and how is her permission?" He said: "That she remains silent"?

The preponderant opinion is that it is not permissible to marry off a mature woman without her consent, whether she is a virgin or previously married. If the guardian marries off a previously married woman without her permission, and merely takes her silence as consent, then the marriage is invalid, because the silence of a previously married woman is not consent. Some scholars hold the view that the marriage is valid if the woman ratifies it. As for describing a previously married woman as a virgin in the contract, this does not affect its validity, but if the husband stipulated virginity, then he has the right to annul the contract.