to her loss of virginity. The point is that a non-virgin woman must consent, even if her father marries her off. If he marries her off without her consent, she has the option to annul the marriage. For it is established in an authentic hadith that, during the Prophet’s time, peace and blessings be upon him, a woman who had previously been married was married off by her father, and the Prophet, peace and blessings be upon him, gave her the choice. (1) Her instructions must therefore be sought—that is, she must be consulted and her view ascertained.

The difference between a virgin and a non-virgin woman is evident. A virgin is modest and feels shy about speaking of such matters, whereas a non-virgin woman has known husbands and men, and is able to accept or refuse. Her instructions must therefore be sought. If she rejects him from the outset by refusing, there is no need to seek her instructions; yet we may advise her, if the man is a suitable match, in the hope that she will accept. Some women may reject a proposal at first, then accept after further discussion.

His words, “The father and his appointed guardian in marriage may marry them off without their permission”: the word “father” is pronounced without consonant doubling. With consonant doubling, it refers to herbage that grows from the ground. Allah, Exalted is He, says: “And fruit and pasture.” [Surah 'Abasa] The word “father,” without consonant doubling, means the parent; what is intended here is the immediate father, from whose loins they descended.

By our saying “the immediate father,” we exclude the grandfather, for he may not marry them off; in this respect, he is like the other guardians in marriage.

His words, “and his appointed guardian”: this is the person whom the guardian appoints to marry off his daughters after his death. If he authorizes him to arrange the marriage during his lifetime, then he is an agent.

Thus, the father, his agent, and his appointed guardian may marry them off without their permission.