He -asws said: ‘He can permit it, so if she remains silent, so it is her agreement, but if she refuses, he cannot get her married; and if she says, ‘Get me married to so and so’, so let him get married to the one she is pleased with; and (as for) the orphan who is in the care of the man, he cannot get her married off except by her consent’.
[11] Wali has the final say for the marriage: عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادِ بْنِ عُثْمَانَ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللَّهِ ( عليه السلام ) فِي الْجَارِيَةِ يُزَوِّجُهَا أَبُوهَا بِغَيْرِ رِضًا مِنْهَا قَالَ لَيْسَ لَهَا مَعَ أَبِيهَا أَمْرٌ إِذَا أَنْكَحَهَا جَازَ نِكَاحُهُ وَ إِنْ كَانَتْ كَارِهَةً Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Hammad Bin Usman, from Al Halby, (It has been narrated) from Abu Abdullah -asws regarding the girl getting married off by her father without her consent.
He -asws said: ‘There is no command with her with her father. If he was to get her married off, the marriage would be allowed, even if she dislikes it’. قَالَ وَ سُئِلَ عَنْ رَجُلٍ يُرِيدُ أَنْ يُزَوِّجَ أُخْتَهُ قَالَ يُؤَامِرُهَا فَإِنْ سَكَتَتْ فَهُوَ إِقْرَارُهَا وَ إِنْ أَبَتْ لَمْ يُزَوِّجْهَا . He (the narrator) said, ‘And he -asws was asked about a man who wanted to get his sister married off.
He -asws said: ‘He can permit her, and if she remains silent, so it is her agreement, but if she refuses, he cannot get her married’.
Humeyd Bin Ziyad, from Al Hassan Bin Muhammad Bin Sama’at, from Ja’far Bin Sama’at, from Aban, from Fazl Bin Abdul Malik, (It has been narrated) from Abu Abdullah -asws having said: ‘The girl has no permission when she is between her two parents, and when her father intends to get her married, he would be considerate for her. And as for the divorced and a widow, when they (her parents) intend to get her married so her consent has to be taken, even if she was between her two parents’.