Conditions of Espousal (Nikah)

2379. There are certain conditions for the Nikah recited for marriage. They are as follows:

1. The formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman cannot pronounce the formula in correct Arabic, it is better rather recommended that they should appoint a representative, who can pronounce the formula in correct Arabic. However, it is not necessary, and they can pronounce the Nikah in any other language. But the words used in translation must convey strictly the meaning of “Zawwajtu” and “Qabiltu”.
2. The man and the woman or their representatives, who recite the Nikah, should have the intention of Insha’ (i.e. reciting it in an establishment clause). In other words, if the man and the woman themselves pronounce the formula, the

intention of the woman by saying: “Zawwajtuka Nafsi” should be that she effectively makes herself the wife of the man; and by saying: “Qabiltut Tazwija” the man effectively accepts her as his wife.
And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: “Zawwajtu …” and “Qablitu” should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife.
3. The person who pronounces the Nikah, whether he pronounces it for himself or has been engaged by some other person as his representative, should be sane, and as per obligatory precaution, he should be Baligh (adult) also.
4. If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should specify the man and the woman, for example, by uttering their names or making intelligible signs towards them.
Hence, if a person has more than one daughter, and he says to a man:

Zawwajtuka Ihda Banati

(i.e. I have given away one of my daughters to you as your wife)

And the man says: Qabiltu (i.e. I have accepted)

The marriage contract is void, because the daughter has not been identified.

The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.

2380. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.

2381. A person who does not know the laws of Arabic grammar can recite the Nikah, provided his pronunciation of Arabic is correct and knows the exact meaning of each word recited in Nikah, and has a clear intention of effecting that meaning.

2382. If Nikah of a man and a woman is pronounced without their consent, but later both man and woman endorse the Nikah, the marriage is in order.

2383. If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the Nikah has been pronounced and they say “We are happy

with the marriage”; if the Nikah was recited with intention, it is not necessary to be recited again, although it is better that the Nikah be repeated.

2384. The father and the paternal grandfather can contract a marriage on behalf of his minor son or daughter, or on behalf of an insane son or daughter, if they are Baligh (adult). And after the child has become Baligh (adult) or the insane has become sane, if the marriage contract does not involve any moral lapse, he cannot abrogate the contract, however, if there is a moral lapse involved, he can abrogate it.

2385. If a girl has reached the age of Bulugh (grown up) and mature (i.e. she can decide what is in her own interest) wishes to marry, if she is virgin, she should, as per precautionary measures, obtain permission from her father or paternal grandfather. It is not, however, necessary for her to obtain permission from her mother or brother.

2386. If her father and paternal grandfather are not present, and they are not accessible and is not possible for her to get their permission, and she is in great need of getting married or she is not a virgin, the permission of her father or paternal grandfather will not be necessary.

2387. If the father or the paternal grandfather contracts marriage on behalf of his minor son, the boy, upon attaining Bulugh, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming Baligh (adult), when he is able to consummate the marriage.

2388. If the father or the paternal grandfather contracts a marriage on behalf of his minor son, if the boy owns any wealth, then he will be indebted to the Mahr of his wife, and if the boy does not own any means, the father or the paternal grandfather will pay the Mahr on behalf of the boy.