Y'la bin Hkym al-Thqfy يعلى بن حكيم الثقفي · The Book of Marriage

"A previously married woman should not be married until her permission has been sought, and a virgin should not be married until her consent is sought." They said: "O Messenger of Allah, how does she give her permission?" He said: "Her permission is if she keeps silent."

"The Messenger of Allah said: 'An orphan girl should be consulted with regard to marriage, and if she remains silent, that is her permission. If she refuses then she is not to be forced.'"