Prof Buya Hamka in his book titled "Buya Hamka Speaks About Women" wrote that women have the right to determine who will be their life partner. Hamka quotes a hadith from Ibn Abbas reporting the words of Prophet Muhammad that a divorced woman has more right over herself than her guardian, while a virgin girl must be asked for her consent and her silence is a sign of consent.
According to Hamka, the hadith clearly shows that women have rights over themselves. Nevertheless, Hamka notes that as Muslim women, they will choose a husband who is suitable, of good character, and aligned with Islam. If such conditions are not met, such as choosing a partner who is not of the same faith or is of poor character, then the guardian and family may prevent it, not to rob them of their freedom but to restrict freedom that is being misused.
Hamka explains that the silence of a virgin girl when asked about marriage is a sign of consent, because at that time young women were still very shy to express their preferences directly. A hadith narrated by Abu Dawud, Ad-Daraquthni, Ibn Majah, and Imam Ahmad tells of a woman who complained to the Prophet that her father had forced her into marriage when she did not wish it. The Prophet then left the decision to the woman, but she chose to continue the marriage, merely to show that the father's rights were not so extensive as to allow him to force her.
Hamka also mentions the case of Khansa bint Khidam, a divorced woman who was forced into marriage by her father and complained about it to the Prophet, whereupon the Prophet annulled the marriage. According to jurists of Islamic law, the differences of opinion on this matter are relatively minor. Imam Abu Hanifah held that a divorced woman has more right over herself, and the guardian's role is not an absolute requirement as long as there are sufficient witnesses and the marriage is known publicly. However, Hanifah still recognised the importance of the guardian, and if the guardian is absent, the guardian's authority transfers to the local authorities.
