Sahih al-Bukhari 6968

Hadith text

Narrated Abu Huraira:The Prophet (ﷺ) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid

Abu Huraira bataate hain: Nabi (SAW) ne farmaya, 'Ek kunwaari ki shaadi tab tak nahi honi chaahiye jab tak uski raazamandi na maangi jaaye; aur biwaa ki shaadi tab tak nahi honi chaahiye jab tak usse na poocha jaaye ke wo shaadi ke liye raazi hai ya nahi.' Pucha gaya, 'Aye Allah ke Rasool! Wo (kunwaari) apni raazamandi kaise zaahir karegi?' Unhone kaha, 'Khaamosh rehkar.' Kuch logon ne kaha ke agar ek kunwaari se uski raazamandi na maangi jaaye aur uski shaadi na ki jaaye, aur phir ek aadmi, chaal khelte hue, do jhoothe gawaah pesh kare ke usne uski raazamandi se shaadi ki hai aur qaazi uski shaadi ko sachi maankar tasdeeq kar de, aur shohar ko pata ho ke gawaah jhoote the, to unke liye us shaadi ko poora karne mein koi harj nahi, aur shaadi valid maani jaayegi.

Sahih al-Bukhari 6968 · Book 90, Hadith 15