The Form of the Marriage Contract
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Question:
Is there a fixed form from the Sunnah for the contract between the spouses? And what is it, if you please?
Answer:
The correct view is that nothing specific is established in this regard. However, many scholars say that one should use the words: "I have married you off" (ankht) or "I have given you in marriage" (zawwajtu). These two phrases are well known in relation to marriage. But the correct view is that a specific phrase is not required. If he says, "I have given you my daughter" or "I have made my daughter lawful for you," or "I have given you my daughter according to the way of Allah and His Messenger," and he intends marriage, and the husband says, "I accept," then it is valid with that. This is because the Messenger of Allah (peace and blessings be upon him) did not specify a particular phrase for marriage. However, if he says, "I have married you off" or "I have given you in marriage," that is better in order to avoid disagreement. If he says, "I have married off my daughter or your sister to you," or "I have given you in marriage," that is preferable. And if he uses other phrases intending marriage, and the husband understands them, such as saying, "I have given you my daughter," or "I have made my daughter lawful for you," or "I have gifted you my daughter according to the way of Allah and his Messenger," or "for a mahr of such and such," and the husband says, "I accept this marriage," and there is a mahr between them, and there are no impediments, and the wife is willing in the presence of two witnesses and the wali (guardian), who is the closest person to her, such as her father, her son, and after them the closest residuary male heirs.
If the wali is the one who handles the marriage, and the first in order is the father, then the son, then the grandson, and so on down to the closest residuary male heir, that is the wali. And this must be done in the presence of two just witnesses. So the total is four: the husband, the wali, and the two witnesses. If the woman is sound, not in a waiting period, and not coerced, but willing, then there is nothing wrong with the marriage, even if he uses words other than the specific terms of marriage. If he says, "I have given you," or "I have made lawful for you," or "I have gifted you," there is no blame on him; because the intention is known, and the purpose is known, which is marriage. Yes.
The presenter: May Allah reward you with good.
Is there a fixed form from the Sunnah for the contract between the spouses? And what is it, if you please?
Answer:
The correct view is that nothing specific is established in this regard. However, many scholars say that one should use the words: "I have married you off" (ankht) or "I have given you in marriage" (zawwajtu). These two phrases are well known in relation to marriage. But the correct view is that a specific phrase is not required. If he says, "I have given you my daughter" or "I have made my daughter lawful for you," or "I have given you my daughter according to the way of Allah and His Messenger," and he intends marriage, and the husband says, "I accept," then it is valid with that. This is because the Messenger of Allah (peace and blessings be upon him) did not specify a particular phrase for marriage. However, if he says, "I have married you off" or "I have given you in marriage," that is better in order to avoid disagreement. If he says, "I have married off my daughter or your sister to you," or "I have given you in marriage," that is preferable. And if he uses other phrases intending marriage, and the husband understands them, such as saying, "I have given you my daughter," or "I have made my daughter lawful for you," or "I have gifted you my daughter according to the way of Allah and his Messenger," or "for a mahr of such and such," and the husband says, "I accept this marriage," and there is a mahr between them, and there are no impediments, and the wife is willing in the presence of two witnesses and the wali (guardian), who is the closest person to her, such as her father, her son, and after them the closest residuary male heirs.
If the wali is the one who handles the marriage, and the first in order is the father, then the son, then the grandson, and so on down to the closest residuary male heir, that is the wali. And this must be done in the presence of two just witnesses. So the total is four: the husband, the wali, and the two witnesses. If the woman is sound, not in a waiting period, and not coerced, but willing, then there is nothing wrong with the marriage, even if he uses words other than the specific terms of marriage. If he says, "I have given you," or "I have made lawful for you," or "I have gifted you," there is no blame on him; because the intention is known, and the purpose is known, which is marriage. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.