his daughter. None of the other three ḥadīth mentioned in this chapter has any bearing on this subject.
On the other hand, the Holy Qur’ān, as well as Ḥadīth, recognizes a woman’s right to marry the man she pleases. Thus the verse quoted above says plainly: “Prevent them not from marrying … in a lawful manner” (2:232). This is the case of a divorced woman. And of a widow the Holy Qur’ān says: “Then if they themselves go away, there is no blame on you for what they do of lawful deeds concerning themselves “ (2:240). This recognizes the widow’s right to marry herself. These two verses clearly recognize the right of the thayyibah (the divorced woman or the widow) to give herself in marriage, and prohibit the guardian from interference when the woman herself is satisfied. This is quite in accordance with a ḥadīth: “Al-ayyim (the widow and the divorced woman) has greater right to dispose of herself (in marriage) than her guardian” (AD. 12:25). The words of another ḥadīth are: “The guardian has no business in the matter of a thayyibah” (ibid).
In view of the verses and ḥadīth quoted above, it seems clear that the widow and the divorced woman are allowed complete freedom in the choice of their husbands. Does the same rule apply to virgins? The Imām Abū Ḥanīfah answers this question in the affirmative. His principle is that, since a woman who has attained the age of majority can dispose of her property without reference to a guardian, so she is also entitled to dispose of her person. But at the same time it cannot be denied that there is a natural bashfulness about the virgin, and, moreover, she has not the same experience of men and affairs as has a widow or a divorced woman, and it is therefore in the fitness of things that her choice of a husband should be subject to the check of a father or other guardian, who would also settle the terms, and guard her against being misled by unscrupulous people. But as the contract, after all depends on her consent and not on the consent of her guardian, which in fact is only needed to protect her, her will must ultimately prevail and the opinion of Imām Abū Ḥanīfah is more in accordance with the essentials of marriage as expressed by the Holy Qur’ān. He says: “Her’s is the right of marrying, and the guardian is only sought lest it (the contraction of marriage) should be attributed to waqāhah (want of shame)”. (H.I,p.294); and again: