according to Mālik, the father may marry off the adult virgin just as he marries off the minor, acting solely in her best interest and without seeking her own permission; the adult virgin’s opinion carries no legal weight beside her father’s. Even so, it is recommended—though not obligatory—for him to consult her before finalising the contract. If he gives her, while she is an adult virgin, to a suitable husband without her consent, the marriage is binding upon her exactly as it is upon a minor.
The father may receive the bride-price (mahr) on the virgin’s behalf, but she herself may not take any of it directly. The mahr, however, belongs entirely to her—whether she is young or of age—and her father has no personal claim to it. Should she be divorced before consummation, the father may waive half of the mahr on her behalf, a right that does not exist for him prior to the divorce. Mālik also allows the father to effect a khulʿ (redemptive divorce) for his daughter whenever he deems that to serve her welfare.
There are two transmitted views from Mālik regarding the “delayed” virgin (al-bikr al-muʿannasa), the woman who has reached an advanced age and understands her own interests. One treats her like a young virgin, allowing the father to contract her marriage; the other treats her like a thayyib (previously married woman), so that no contract may be concluded for her without her explicit consent.
Such, then, is the father’s authority over his virgin daughter and over a minor who is not a virgin. As for the adult thayyib, no marriage may be contracted for her without her permission, and the same restriction applies to all other guardians.
Mālik makes no distinction between a girl who has had intercourse through fornication, an invalid marriage, or a valid marriage before puberty: if she has a living father and returns to his household by divorce before reaching puberty, he may marry her off without her permission just as he would a virgin.
If an adult virgin lives with her husband for a considerable period—no less than a year—and takes part in women’s gatherings, then is divorced before consummation and returns to her father, he may not remarry her except with her approval. If her stay was brief and consummation never occurred, he may marry her off again without her consent.
Should an adult virgin be deflowered by intercourse that obligates a mahr and an ʿidda (waiting period), she becomes a thayyib. If she loses her virginity through debauchery (fujūr), she nevertheless retains the legal status of a virgin.
If a man marries off his previously married daughter without her consent, Mālik has two opinions on the matter