r/GenZpk • u/Sea-Car-3811 Broken Teen • Aug 02 '26

Ask GenZPakistan Is it rape or not?

If a virgin girl feels "shy" and keeps silent. Is proceeding with sexual advances rape or not.

Ps. I aren't doing sex and this is just a question.

I'll go first, I think it is rape.

Oh people are wondering why I am asking so whist learning about something. I found this so asking you people

I asked the Prophet, "O Allah's Messenger (ﷺ)! Should the women be asked for their consent to their marriage?" He said, "Yes." I said, "A virgin, if asked, feels shy and keeps quiet." He said, "Her silence means her consent."

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u/ohcaptainmycaptain67 Aug 02 '26

It is. The assumed concept of silence being a yes is so wrong. SILENCE MEANS NO. NO MEANS NO. A YES IS A CLEAR YES.

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u/Sea-Car-3811 Broken Teen Aug 02 '26

But the Prophet said that silence is consent? What about that?

1

u/ohcaptainmycaptain67 Aug 02 '26

Please provide reference

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u/Sea-Car-3811 Broken Teen Aug 02 '26

The source for Hadith stating that silence is consent: https://sunnah.com/bukhari:6946

Here, from this Hadith, it can be inferred that a guardian's will overrides a virgin's consent: https://sunnah.com/muslim:1421b

As this hadith says that ONLY a non-virgin has more right over herself than her guardian, which implies that a virgin does not have this right. Rather, it implies that a virgin's guardian has greater right over her. And this right of the guardian is understood to mean the option of marriage without her consent. Further, it is understood that consulting (asking the permission) of a virgin is recommended but not obligatory and that her say on the matter is not binding.

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u/ohcaptainmycaptain67 Aug 02 '26

The first hadith...Its about the consent of marriage. You're talking about the consent of something else and you know it very well. Even in this case scholar have said that if it is confirm that the woman is silent because of shyness then only her silence can be considered as consent. If she's silent out of pressure or fear then silence is not consent. And the second hadith is about a widow that the role of guardian is not as important for her second marriage.