The Form of the Marriage Contract
Machine translationRead the Arabic original
Question:
Please tell us, if you would be so kind, about the correct wording for the marriage contract?
Answer:
The correct view is that it is valid with any wording, as there is no specific wording prescribed for it. This is the correct position. Each people of a country or tribe have their own custom, but the most well-known of these is: "I have married you to" or "I have given you in marriage." The guardian says to the groom: "I have married you to my sister, or my daughter, or I have given you in marriage, or I have made you master of her." If he says: "I have gifted you" or "I have given you," or other words whose meaning they understand, and the groom says: "I accept," then it is valid. So if he says to the groom: "I have given you my daughter" or "I have gifted you my daughter," and his intention is marriage, and the groom says: "I accept that," it is valid in the presence of two witnesses, provided the conditions are met, such as the daughter's consent, and there is no impediment—she is not in a state of ihram, not a wife, and not in a waiting period. If there is no impediment and she consents, there is no harm in the presence of two witnesses, with her consent and the presence of two witnesses, and provided she is free of impediments. The groom and the woman must be free of impediments; there must be no impediments in either of them.
So the conclusion is that there is no harm in the variety of words used. Some scholars said: It is necessary that the words "I have given in marriage" (zawwajtu) and "I have married" (anzaktu) be used, but there is no evidence for this. So the correct view is that the marriage contract is established by words that indicate its meaning, such as sale, gift, or lease, and the like. So if he says: "I have made you master of my daughter," or "I have given you my daughter," or "I have gifted you my daughter, or my sister, or my aunt," and his intention is marriage and they understand that, and he says: "I accept," in the presence of the witnesses and with the completion of the conditions, there is no harm.
The presenter: May Allah reward you with good.
Please tell us, if you would be so kind, about the correct wording for the marriage contract?
Answer:
The correct view is that it is valid with any wording, as there is no specific wording prescribed for it. This is the correct position. Each people of a country or tribe have their own custom, but the most well-known of these is: "I have married you to" or "I have given you in marriage." The guardian says to the groom: "I have married you to my sister, or my daughter, or I have given you in marriage, or I have made you master of her." If he says: "I have gifted you" or "I have given you," or other words whose meaning they understand, and the groom says: "I accept," then it is valid. So if he says to the groom: "I have given you my daughter" or "I have gifted you my daughter," and his intention is marriage, and the groom says: "I accept that," it is valid in the presence of two witnesses, provided the conditions are met, such as the daughter's consent, and there is no impediment—she is not in a state of ihram, not a wife, and not in a waiting period. If there is no impediment and she consents, there is no harm in the presence of two witnesses, with her consent and the presence of two witnesses, and provided she is free of impediments. The groom and the woman must be free of impediments; there must be no impediments in either of them.
So the conclusion is that there is no harm in the variety of words used. Some scholars said: It is necessary that the words "I have given in marriage" (zawwajtu) and "I have married" (anzaktu) be used, but there is no evidence for this. So the correct view is that the marriage contract is established by words that indicate its meaning, such as sale, gift, or lease, and the like. So if he says: "I have made you master of my daughter," or "I have given you my daughter," or "I have gifted you my daughter, or my sister, or my aunt," and his intention is marriage and they understand that, and he says: "I accept," in the presence of the witnesses and with the completion of the conditions, there is no harm.
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.