An engagement may be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties, bride, groom and guardian for the bride (wali), give their legal consent.
A marriage without the consent of the bride or performed under coercion is illegal according to the majority of scholars.
And those of whom ye seek content (by marrying them), give unto them their portions as a duty. Nikah Misyaar is a Nikah in Sunni's carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and maintenance money ("nafaqa"), and the husband's right of homekeeping, and access etc.
" He replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!
" He replied: "Her silence is [considered as] her permission." [Al-Bukhari, Muslim, & Others] It appears that the permission of an under-age bride is indeed necessary for her marriage to be considered valid;the above narrations seem to clearly make the approval of the bride a condition for a valid marriage contract.
Abu Bakr said "But I am your brother." The Prophet said, "You are my brother in Allah's religion and His Book, but she (Aisha) is lawful for me to marry." however; evidence from other Islamic sources seems to suggest that this is not something allowed for all Muslims; rather specifically for Muhammad.
The evidence for this view is as follows: Abu Hurayrah reported that the Prophet said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her to remain silent (because of her natural shyness)." [Al-Bukhari:6455, Muslim & Others] It is reported in a hadith that A'ishah related that she once asked the Prophet : "In the case of a young girl whose parents marry her off, should her permission be sought or not?
However, some Muslims have found the wedding ring to be a non-religious tradition and have used a ring.