Across the differing religions of the middle ages marriage has consistently raised questions of the differences in consent. In both Augustine of Hippo’s The Excellence of Marriage and the Hadiths (Sahih Muslim), consent is revealed as a necessary part of marriage yet it functions differently in that the Hadiths became a legal document, whereas The Excellence of Marriage is more of a theological opinion. The Hadiths present consent as a legal requirement to protect the validity of the contract of marriage. Whereas, Augustine highlights consent as needed for the spiritual good of marriage. In this post by comparing these two texts though far apart time wise and two very different religions they highlight that although both texts affirm the importance of consent that the purpose and function of the two different texts reveal how consent operated.
While he was Bishop of Hippo, Augustine wrote The Excellence of Marriage, weighing in on a fifth- century debate over Christian views of celibacy and sexuality. At this time, some Christians elevated virginity so highly, that marriage seemed almost spiritually compromising. In response, Augustine defends marriage, writing that it was still good even if he himself considered celibacy, a higher calling. Within this text, consent plays a vital role as Augustine draws on a Roman concept of marriage that requires a mutual agreement of a man and a woman. Further, Augustine emphasizes that marriage is grounded in the deliberate mutual joining of people together. In this way the marital bond is defined not by just intercourse but by shared intention and faithful commitment to God and each other. In this view, marriage was not just sex, but a shared intention to live together faithfully.
Though Augustine affirmed the active role of both parties in marriage, his framework was not entirely egalitarian, maintaining the hierarchical structure of gender roles which lends the husband more authority. Additionally, for women who did not want to be married, “the extremely despicable woman who holds back from marriage, which is something permitted” (Augustine, 14). Highlights how women do have the right to abstain but by referring to those women as despicable rejection of being married seems to be frowned upon. Though he establishes the role of consent, he does not supersede the assumption about male leadership/domination. Specifically if one enters into a marriage too fast they are not allowed to leave, "they do not have the freedom to dissolve the bond, in the way they had the freedom not to enter it” (Augustine, 15). Though consent created the union between two people it does not permit withdrawal after giving that consent. The Excellence of Marriage functions as a doctrinal clarification on Augustine's religious teaching, not as civil law.
Now moving to the early Islamic faith, the Hadiths preserve the reports on the sayings and actions of the Prophet Muhammad, traditionally passed down in the centuries and decades after his death. Within the Hadiths they are collections of narratives addressing marriage contracts, guardianship, and women's consent. The collection of Hadiths by Muslim ibn al-Hajjaj is what I am focusing on. He was a Persian scholar of Hadiths. His collection, commonly known as Sahih Muslim, is regarded in Sunni Islam as one of the most authoritative compilations of prophetic reports, second only to that of al-Bukhari. The material is organized by legal topic, arranging narrations under thematic “books” that made the collection especially useful for jurists.
In Book 16, consent appears as a clear requirement of the validity of a marriage. However, related to sex within marriage,“ it is unlawful for the wife to refuse to come to her husband’s bed” (16.137 XX, Hadiths). Specifically, attributed to the idea that a previously married woman has a greater authority over herself in that she actually has to say yes or no for consent explicitly. Now, a virgin may not also be married without her permission. The distinction between the two is that a woman who has already been married has to give verbal consent whereas as a virgin anything she does can be considered consent and it doesn't need to be verbal. Specifically, “ a woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah: how her( virgin’s) consent can be solicited? He (the Holy prophet said: “That she keeps silence”(16.75 Hadiths).
These distinctions reveal how consent in the Hadiths was very much focused on expectations of women's modesty. Though these two texts share a common theme the way in which they are presented differs. In comparing these texts separated by around five centuries, many miles, and faith traditions make it clear that consent was not absent from medieval religious understandings of marriage. Because both texts are so different, the way consent is presented is also different. Augustine was able to conceptualize marriage as rooted in mutual agreement within a patriarchal society. The Hadiths were able to similarly affirm that a woman’s permission is necessary for a valid marriage. The Hadiths became a foundational source for Sunni legal reasoning, and consent functioned not only as an ideal but as a condition directly tied to the legitimacy of the marriage contract within Islamic law. Discussions of consent in the Hadiths shaped concrete legal structures governing marriage contracts. At the same time, interpretation varied across different schools meaning that practice was not uniform throughout the Islamic world.
However, Augustine wrote as a theologian defending the goodness of marriage more part of religious canon rather than exact law. While the Hadiths were more directly put into legal doctrine, Augustine’s Christian discussion gradually developed into being part of canon law. In contrast, the Hadiths became embedded in the legal system where marriage was a contract with rights that were defined. Furthermore, for Augustine in The Excellence of Marriage, consent is an act of one's will establishing what is expected as a life long union ordered toward children and companionship. Seemings more directed toward a divinely sanctioned good. On the other hand in the Hadiths consent appears in what seems to be more procedural terms which makes sense because they were more so governing documents. In both traditions they seem to both affirm that a marriage should not occur without agreement. Augustine treats consent primarily as a theological bond of wills, whereas the Hadiths present it as a safeguard within a legal structure that regulates rights, responsibilities, and authority. Consent carries moral weight and in the Hadiths even more than that but legal weight.
Now as both traditions seem to affirm the need of consent, the limitations and qualifications placed upon women are interesting. In The Excellence of Marriage, Augustine of Hippo highlights how marriage is in mutual agreement yet maintains that men are still the ones in power. However, consent creates the bond but authority is still very gendered. Similarly in the Hadiths it highlights the distinction between explicit verbal consent for previously married women and silence as consent for virgins. However, women seem to have some authority but consent was still operating under male authority. Both texts rather than showing full equality they show an effort of the recognition of a woman's will.
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