Discussion of the principle: that what matters is the meanings, not the forms, and an example of this is the marriage of tahleel

The Shaykh : Formalities, as I think you all know with me, are not given weight in Islam. One of the most prominent examples of this is the marriage of tahleel, which is called "al-tajhishah" in some countries. In the marriage of tahleel, the known conditions of marriage prescribed by the Shari'ah are present. For example, it is well known from his saying (peace and blessings be upon him): So that woman whose husband divorced her three times does not become lawful for him again until she marries another husband. When the man whom the Messenger (peace and blessings be upon him) rightly called "the borrowed he-goat" was brought, he pretended that he wanted to propose to the divorced woman, even after her waiting period had ended. The wife agreed, her guardian agreed, and the witnesses also testified. Thus, the pillars of the lawful marriage were gathered and fulfilled. Did the Wise Lawgiver consider this marriage valid or invalid? There is no doubt, where he (peace and blessings be upon him) said: So both are cursed. Therefore, every imam to whom this hadith reached, and foremost among them Imam Ahmad (may Allah have mercy on him), ruled that this marriage is invalid. So here comes his saying (peace and blessings be upon him): So what was the intention behind this marriage that was established on the known conditions prescribed by the Shari'ah? It was to make lawful what Allah has forbidden. There are many examples of this, and we will not lengthen the discussion on it.