849 – Abū Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah ﷺ said: “A previously-married woman is not to be given in marriage until she has been consulted, and a virgin is not to be given in marriage until her permission is sought.” They asked, “O Messenger of Allah, how is her permission expressed?” He replied, “By her remaining silent.” Agreed upon. (1)

Glossary of ḥadīth terms
• al-ayyim (a woman who has been previously penetrated): a woman whose virginity has been removed through intercourse, even if it occurred through fornication.
• tustāʾmar (passive form of istaʾmara, “to seek one’s decision”): the contract may not be concluded until her view has been solicited and she has given her consent.
• al-bikr (virgin): a woman whose hymen has never been penetrated.
• ḥattā tustaʾdhan (“until her permission is sought”): that her approval and agreement to the marriage be requested.