What is the ruling on a marriage contract in a language other than Arabic?
Machine translationRead the Arabic original
The questioner : This applies to oaths and vows regarding a marriage contract in a language other than Arabic, meaning if the two spouses, or those conducting the contract between them, do not speak Arabic?
The Shaykh : The sermons and the matter in this are easy, because a marriage contract is like any contract between two people, just as you conclude a sale or purchase between two people, so the contract between the husband and wife is valid in whatever language it is. There is no condition there for specific wording or a text that has come in the Sunnah as a condition. I say there is no condition, but it is not hidden from you that it is a recommended practice (sunnah) to begin the marriage sermon with what the Messenger of Allah (peace and blessings be upon him) used to begin his sermons with and teach his Companions, by his saying (peace and blessings be upon him):Sunan Ibn Majah 1892 to its end. If one presents this Prophetic sermon before the sermon and before the contract between the two spouses, then he has followed the Muhammadan Sunnah. Then if the contract follows in a non-Arabic language, there is nothing wrong with that. We must distinguish between what is a recommended practice, like the sermon of need, and what is a condition in the contract, like the offer and acceptance, in order to remove confusion. So this offer and acceptance is valid in any language, no matter how foreign it is. It is clear.
The questioner : Is that clear?
The Shaykh : Praise be to Allah.
The Shaykh : The sermons and the matter in this are easy, because a marriage contract is like any contract between two people, just as you conclude a sale or purchase between two people, so the contract between the husband and wife is valid in whatever language it is. There is no condition there for specific wording or a text that has come in the Sunnah as a condition. I say there is no condition, but it is not hidden from you that it is a recommended practice (sunnah) to begin the marriage sermon with what the Messenger of Allah (peace and blessings be upon him) used to begin his sermons with and teach his Companions, by his saying (peace and blessings be upon him):
Al-hamdu lillahi nahmadhu wa nasta`inuhu wa nastaghfiruhu
إن الحمد لله نحمده ونستعينه ونستغفرهThe questioner : Is that clear?
The Shaykh : Praise be to Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
