Conditions of Reciting the Marriage Formula
Issue No. 2032- There are certain conditions for the conclusion of marriage. They are as follows: 1- On the basis of recommended precaution, the formula of marriage contract should be recited in correct Arabic. However if, the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the formula in any other language, and it is not necessary to appoint any representatives for pronouncing the formula in Arabic. However, the words in the other language must convey the meaning of the Arabic formula.2- The one who recites the formula should have the intention of concluding a contract. That is, their intention by uttering these words should be that she makes herself the wife of the man, and the man accepts her as his wife. The representative should also have the same intention.3- The person who pronounces the formula should be sane, and as an obligatory precaution, he should also be mature, though he may represent someone else.4- If the formula is pronounced by the agent or legal guardian of the man and/or the woman, they should specify the man and/or the woman. Hence, if a person has more than one daughter, he cannot say to a man, “زَوَّجْتُکَ اِحْدي بَناتي (i.e., I have married off one of my daughters to you)”.5- The woman and the man should be willing to enter into matrimonial alliance. If however, one of them seemingly displays hesitation while giving the consent, but it is known that he/she is agreeable to the marriage in his/her heart, the marriage is in order.6- The formula of marriage should be pronounced correctly, and if it is recited in a way that the meaning is changed, the marriage contract will be void. However, there is no harm if the meaning is not changed.
