Free men who possess full control over their own affairs: the jurists unanimously require their satisfaction and acceptance for a marriage to be valid.

They disagreed, however, over whether a master may compel his slave to marry, and whether a guardian-trustee may compel his interdicted ward who has reached puberty.
• Mālik held that a master may compel his slave to marry, a view shared by Abū Ḥanīfah.
• Al-Shāfiʿī maintained that he may not.
The root of their disagreement is whether marriage counts among the rights the master holds over his slave.

They likewise differed about the trustee’s authority to compel his ward, and this divergence is also found within the Mālikī school itself. The point at issue is whether marriage serves the ward’s interest or is merely a matter of personal gratification; and, on the view that marriage is obligatory, hesitation in this regard should not arise.

As for women whose consent is taken into consideration, the jurists agreed that the consent of an adult woman who has been previously married (thayyib) must be sought, based on the Prophet’s statement—may blessings and peace be upon him: “A previously married woman expresses her own decision,” with the sole exception of a report from al-Ḥasan al-Baṣrī.

They disagreed over the adult virgin and the previously married minor, provided no moral corruption has appeared.
• Concerning the adult virgin, Mālik, al-Shāfiʿī, and Ibn Abī Laylā held that only the father may compel her to marry.
• Abū Ḥanīfah, al-Thawrī, al-Awzāʿī, Abū Thawr, and others insisted that her own consent is indispensable; Mālik concurred with them in the case of a virgin who has reached an advanced age, according to one of the two opinions reported from him.

Their dispute stems from a clash between argumentum a contrario (dalīl al-khiṭāb) and the general wording of the texts. Among the Prophet’s sayings—peace and blessings be upon him—are: “An orphan girl is not married off except with her permission,” and, “Seek the orphan girl’s consent regarding herself,” both recorded by Abū Dāwūd; the implied meaning is that a girl who has a living father is treated differently from an orphan.

In the well-known ḥadīth of Ibn ʿAbbās the Prophet—peace and blessings be upon him—said: “The virgin is consulted.” Its general formulation requires consulting every virgin, and such generality outweighs argumentum a contrario. Muslim also transmitted an additional wording in the same report: “A virgin—her father must seek her permission,” which is explicit in the very point under contention.

With respect to the previously married minor, Mālik and Abū Ḥanīfah said that the father may compel her to marry, whereas al-Shāfiʿī said he may not. Later Mālikī authorities mention three opinions on this question: first, that the father may compel her so long as she has not yet reached puberty