Is there an obligation to seek the consent (Ist'dhan) of a minor girl before contracting her marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Seeking her consent is a recommended practice (Mustahab). The Prophet (peace be upon him) commanded it and forbade marriage without it, the minimum implication of which is recommendation. This practice serves to soothe her heart and avoids scholarly disagreement. Aisha reported asking the Messenger of Allah (peace be upon him) if a minor girl whose marriage is contracted by her family should be consulted, and the Prophet (peace be upon him) replied, "Yes, she is to be consulted." He also stated, "Consult women regarding their private parts; for the virgin is modest and remains silent, and her silence is her permission." This is agreed upon (Muttafaqun 'alayh).
Supporting text
It is narrated from 'Ata that the Prophet (peace be upon him) used to seek the permission of his daughters when marrying them out. He described a practice where the Prophet (peace be upon him) would sit near the screened enclosure of the intended bride and say, 'So-and-so is asking for so-and-so's daughter.' If she moved the screen, he would not marry her, but if she remained silent, he would marry her.