instance, say, “Don’t marry someone else,” or “I am interested in a woman like you,” etc.
مِثْلِكِ لَرَاغِبٌ، وَنَحْوَ ذٰلِكَ
The Book of Marriage
Continuation of Book of Nikah
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
The Book of Marriage (Nikâḥ)
[The Marriage Contract]
[The Spoken Form]
The marriage contract is not valid without an offer from the guardian or his agent, who says, “ankaḥtuka” or “zawwajtuka” 1199 (I marry you off) (to my ward), and an acceptance from the groom, who says, “I accepted” 1200 or “I married.” 1201
وَلاَ يَنْعَقِدُ النِّكَاحُ إِلاَّ بِإِيْجَابٍ مِنَ اْلوَلِيِّ أَوْ نَائِبِهِ، فَيَقُوْلُ: أَنْكَحْتُكَ أَوْ زَوَّجْتُكَ، وَقَبُوْلِ الزَّوْجِ أَوْ نَائِبِهِ، فَيَقُوْلُ: قَبِلْتُ أَوْ تَزَوَّجْتُ
It is implied from the verse that proposing openly to them is a sin. As understood from the preceding verses, this verse pertains to women whose husbands have died. It is therefore the agreement of the fuqahâ’ that it is permissible to hint at a proposal to those women.
On the other hand, the fuqahâ’ agree that it is forbidden to hint at a proposal to a woman whose divorce is unfinalized because there is still a chance for reconciliation and the revocation of the divorce.
As for the women who got a finalized divorce without recourse (after the third consecutive divorce), hinting to them is permissible according to (A) + (+M, +S) since there is no chance of reconciliation; the Prophet (SA) told Fâṭimah to inform him of the end of her waiting period, hinting that he had a suitor for her. (-H, -s) forbade hinting to them during their waiting period because it might be offensive to the ex-husband.
1099. The Spoken Form
(A) + (+S): The marriage contract is valid only with these words. (-H, -M, -t): The contract is valid with these words or others that are indicative of marriage.
For non-Arabic speakers
(A): If they can say those words in Arabic, then they must do so for the nikâḥ to be valid. If they cannot, they should use a word in their language that explicitly means marriage.
(-H, -t): It is valid in their language, whether or not they can speak the Arabic words indicative of marriage.
In all the above positions, the view of (H) seems strong. Allah knows best.
1200. (A): Any word indicative of acceptance of the offer that was made is sufficient.
1201. Pillars and Conditions of Marriage
Like any contract, the marriage contract has pillars and conditions that must be fulfilled for its validity.
The pillars are:
- Two parties who are eligible to marry one another
- The offer
- The acceptance
The conditions are:
- The conducting of the marriage by the wali (guardian) on behalf of his ward (the bride) (+S, -H)
- The presence of two witnesses (+H, +S) (-M; see the details in the discussion of the announcement)
- The approval of the postpubescent groom (according to consensus) and the bride (according to A2 + H + t if she is virgin, and all fuqahâ’ if she is thayyib, or non-virgin)
This is the form of the contract that makes it valid, according to all scholars: If a willing, sane, adult, chaste, Muslim woman who is unmarried (and not in a waiting period) is unconditionally married off by her willing, legally competent, sane, adult, Muslim guardian to a sane, adult, chaste, Muslim man who has fewer than four women in his marriage bond, and both the guardian and groom mentioned the words of nikâḥ or zawâj in their offer and acceptance respectively and the bridal dower, in the same gathering, while having two trustworthy, adult, Muslim men witness that, and without preventing them from announcing the marriage. Notice that in this perfect scenario, there is no imam or shaykh conducting the ceremony. The presence of a guide for the ceremony, while permissible, is not required by any scholar. Allah did not make us dependent in our religious affairs on any commissioners.
Notice also that governmental documentation of the marriage is not one of the pillars or conditions of validity. However, it is wâjib nowadays, in order to preserve the rights of both parties and prevent denials in disputes. The legal authorities have the power to require this.
Marriage over modern communications media. According to the Family Code of the Assembly of Muslim Jurists of America (AMJA):
It is recommended 1202 that he make a statement before the contract, using the words of Ibn Mas‘ood (RA), who said, “The Messenger of Allah (SA) taught us to make the following tashahhud (declaration of faith) for our various needs: ‘Most verily all praise is due to Allah. We praise Him and seek His assistance and forgiveness, and we repent to Him. We seek refuge with Allah from the evils of our inner selves and our wicked deeds. Whomever Allah guides cannot be misguided, and whomever Allah misguides cannot be guided. I testify that there is none worthy of worship except Allah, and I testify that Muhammad is His worshipper and Messenger.’”
وَيُسْتَحَبُّ أَنْ يَخْطُبَ قَبْلَ اْلعَقْدِ بِخُطْبَةِ ابْنِ مَسْعُوْدٍ t الَّتِيْ قَالَ: عَلَّمَنَا رَسُوْلُ اللهِ التَّشَهُّدَ فِيْ الْحَاجَةِ: إِنَّ اْلحَمْدَ للهِ نَحْمَدُهُ، وَنَسْتَعِيْنُهُ، وَنَسْتَغْفِرُهُ، وَنَعُوْذُ بِاللهِ مِنْ شُرُوْرِ أَنْفُسِنَا وَمِنْ سَيِّئاَتِ أَعْمَالِنَا، مَنْ يَهْدِ اللهُ فَلاَ مُضِلَّ لَهُ، وَمَنْ يُضْلِلْ، فَلاَ هَادِيَ لَهُ. وَأَشْهَدُ أَنْ لاَ إِلهَ إِلاَّ اللهُ وَأَشْهَدُ أَنَّ مُحَمَّدًا عَبْدُهُ وَرَسُوْلُهُ"
And (it is also mustaḥabb to) recite three verses: {O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him].} (Âl ‘Imrân 3: 102) {O humankind, fear your Lord, Who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask
وَيَقْرَأُ ثَلاَثَ آيَاتٍ: "يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقَاتِهِ وَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ" "يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً ۚ وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ ۚ إِنَّ اللَّهَ
A marriage can be contracted over the telephone, on the condition that both the offering and accepting parties have foreknowledge about one another, and that the witnesses hear both their statements. It is preferred that this take place using any other means of communication, in order for the two contracting parties and the witnesses to communicate audibly and visually. When that is not possible, the absent party may delegate someone to perform the contract in his place. A marriage cannot be contracted using e-mail, nor by text messaging, due to the inability of witnesses to verify the identity of the parties, and the absent person authorizing another suffices the need without resorting to these means.
1202. (A) + (+H, +M, +S): Recommended.
(-Z): Obligatory.
The position of the majority is supported by incidents during the Prophet’s time in which marriage took place without reciting those verses.
one another, and the wombs. Indeed Allah is ever, over you, an Observer.} (an-Nisâ’ 4:1) {O you who have believed, fear Allah and speak words of appropriate justice.} (al-Aḥzâb 33: 70)
كَانَ عَلَيْكُمْ رَقِيبًا "يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَقُولُوا قَوْلًا سَدِيدًا"
1203. insert image
1204. Ruling of Announcement and Proofs
“Announce marriages.” (A – from ‘Abdullâh ibn az-Zubayr. al-Albâni:S)
أَعْلِنُوا النِّكَاحَ
“The distinction between halal and haram (in conjugal relations) is by beating the duff and singing.” (T – from Muhammad Ibn Ḥâṭib. T:S)
فَصْلُ ما بين الْحَلَالِ وَالْحَرَامِ ِالدُّفُّ والصَّوْتُ
If there are both an announcement and witnesses, the marriage is valid by consensus. If they are both missing, it is invalid by consensus. (a) + (-M): If there is an announcement but no witnesses, it is valid. If there is no announcement, but there are witnesses, it is valid – but disliked – according to all, unless the witnesses are asked to keep it secret, in which case it is invalid according to (a) + (-M).
Continuation of Book of Nikah
( Page : no 108)