Is Bride’s Consent Required for a Valid Nikah?
Hanafi Fiqh
Answered by Shaykh Yusuf Weltch
Question
Is the bride’s consent necessary for a valid nikah? Does the requirement differ between a virgin and a non-virgin woman? Is there any basis for asking her three times?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
Suppose the bride is legally mature (baligh). In that case, the marriage can only be conducted with her consent, either explicit (such that she verbally agrees) or implicit (such that she affirms her consent via other means). [Maydani, al-Lubab fi Sharh al-Kitab]
Her explicit, spoken consent is ideal as it removes all doubt of her willingness and contentment. [Ibid.]
If the daughter was previously married (and likely not a virgin), her consent must be explicit and spoken. [Ibid.]
There is no requirement that she consent three times. Once is sufficient.
Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he went on to study at Darul Uloom Seminary in New York and completed his studies at Darul Mustafa in Tarim, Yemen.
There, he completed the memorization of the Quran and his study of Islamic Sciences. Throughout his years of study, he was blessed to learn from many great scholars: Habib Umar bin Hafiz, Habib Kazhim al-Saqqaf, Shaykh ‘Umar bin Husayn al-Khatib, and others.
Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.