Narrated Abu Hurairah: The Prophet ﷺ said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid. Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman bin Hayyan and Muadh bin Muadh on the authority of Muhammad bin Amr.

Abu Hurairah reported the Prophet ﷺ as saying “ A woman who has been previously married should not be married until her permission is asked nor should a virgin be married without her permission. “They (the people) asked “What is her permission, Messenger of Allah ﷺ? He replied “it is by her keeping silence. ”

The aforesaid tradition has also been transmitted through a different chain of narrators by Muhammad bin Amr. This version adds “If she weeps or keeps silence”. The narrator added the word “weeps”. Abu Dawud said: The word "weeps" is not guarded. This is a misunderstanding of the tradition on the part of the narrator Ibn Idris or Muhammad bin al-Ata. Abu Dawud said: This tradition has also been narrated by Abu Amr Dhakwan on the authority of Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.

Ibn Abbas reported the Messenger of Allah 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, her permission being her silence. These are the words of Al Qanabi.

The above tradition has been transmitted by Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself. ” Abu Dawud said “ The word “her father” is not guarded.

Narrated Abdullah ibn Abbas: The Prophet ﷺ said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i. e. virgin) must be consulted, her silence being her acceptance.