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The question

What is the meaning of "ath-thayyib"? And what is the interpretation of the Prophet's saying, peace and blessings be upon him: "The thayyib has more right to herself than her guardian"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is a difference of opinion regarding the legal definition of a "Thayyib" (a woman who has previously been married or had sexual intercourse). According to the Hanafis, a Thayyib is a woman who has not been married. However, according to the Shafi'is and Hanbalis, a Thayyib is a woman who has experienced sexual intercourse in the front passage (whether lawfully, unlawfully, or while she was asleep). She is contrasted with a virgin (bikr). This is supported by the Qur'anic verse: "Thayyibāt (previously married) and Abkār (virgins)." (Qur'an 66:5). It is also mentioned in the : "A Thayyib has more right to herself than her guardian, and a virgin is consulted, and her permission is her silence." The meaning of a Thayyib having more right to herself is that her right takes precedence over her guardian's right. Therefore, she cannot be forced into marriage, and if her guardian prevents her from marrying a suitable man, the judge will marry her off.

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Original fatwa ID
52613
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