and a previously married woman; he did not distinguish between them in whether or not they may be compelled to marry. This is because a “virgin,” being too shy to speak about her marriage, is not approached directly with a proposal. Rather, the proposal is addressed to her guardian, who seeks her permission, and she grants it. She does not take the initiative by instructing him; rather, she gives him permission when he asks for it, and her silence is her permission. As for a previously married woman, she no longer has a virgin’s shyness, so she speaks about marriage, receives proposals directly, and instructs her guardian to arrange her marriage. She thus gives him instructions, and he must grant her request by marrying her to a suitable match when she instructs him to do so. Thus, the guardian receives instructions from a previously married woman but seeks permission from a virgin. This is what the words of the Prophet, may Allah bless him and grant him peace, indicate.

As for marrying her against her wishes, this runs contrary to both the foundational principles of the religion and sound reason. Allah has not permitted her guardian to force her into a sale or a lease without her permission, nor to compel her to accept food, drink, or clothing she does not want. How, then, could he compel her to have sexual relations and share a life with someone with whom she detests having sexual relations and whose companionship she detests? Allah has placed affection and mercy between spouses. If the marriage can take place only while she hates him and feels aversion towards him, what affection and mercy can there be in that?

Moreover, when discord arises between spouses, Allah has commanded that an arbitrator from his family and an arbitrator from hers be appointed. The “two arbitrators,” as Allah, Mighty and Majestic, has called them, are indeed arbitrators according to the scholars of Medina. This is also one of the two opinions held by al-Shāfi‘ī and Ahmad. According to Abū Hanīfa and the other opinion, they are “agents.” The first view is more correct, because an agent