The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2023- Marriage is one of the recommended acts, however, if one fears that he might fall into haram by not getting married, then marriage will become obligatory upon him.

Issue No. 2024- The relation between a man and a woman becomes lawful (halal) by contracting marriage. There are two kinds of marriage:(i) Permanent marriage. In a permanent marriage, the period of matrimony is not fixed and it is forever. The woman with whom such a marriage is concluded is called “dā’imah” (permanent wife).(ii) Temporary marriage, which is a fixed-time marriage. In a fixed time marriage, the period of matrimony is fixed; the duration can be short or long. This sort of fixed time marriage is called Mut‘ah.

Issue No. 2025- The formula of marriage must be pronounced, be the marriage permanent or temporary; mere tacit approval and consent is not sufficient. The formula of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf.

Issue No. 2026- There is no problem in a man representing a woman or a woman representing a man to pronounce the marriage formula.

Issue No. 2027- As long as the woman and the man are not certain that their representative has pronounced the formula, they will not become halal to each other. However, if the representative is a trustworthy person and says that he has recited the formula, it will be sufficient.

Issue No. 2028- If a woman appoints a person as her representative so that he may contract her marriage with a man for ten days or two months for example, but does not specify its beginning, the representative should set its beginning from the day and the hour he contracts her marriage.

Issue No. 2029- The recommended precaution is that a person should not represent both sides in reciting the formula for marriage. Therefore, it is better that there be two persons to represent each side in reciting the marriage formula, and also the recommended precaution is that a man should not himself become the representative of a woman with whom he contracts permanent or temporary marriage.

Issue No. 2030- If a woman and a man themselves want to recite the formula of permanent marriage, the woman should say: “زَوَّجْتُکَ نَفْسِي عَلَي الصَّداقِ الْمَعْلُومِ”“Zawwajtuka Nafsī ‘Ala Ṣidāqil Ma‘lūm”(I have made myself your wife on the agreed mahr)And then the man should respond thus: “قَبِلْتُ التَّزْويجَ”“Qabiltu Tazwīj”(I have accepted the marriage)And if they appoint other person to act as their representative for pronouncing the formula of marriage, it is sufficient if the representative of the woman says:“زَوَّجْتُ مُوَکِّلَتي مُوَکِّلَکَ عَلَي الصَّداقِ الْمَعْلُومِ”“Zawwajtu Muwakkilatī Muwakkiluka ʿAla Ṣidāqil Maʿlūm”(I have given my client to yours client in marriage on the agreed mahr)And thereafter the representative of the man should immediately respond thus: “قَبِلْتُ لِمُوَکِّلي هَکَذا”“Qabiltu Li Muwakkilī Hākadhā”(I have accepted the same on behalf of my client).

Issue No. 2031- It is permissible for a man and a woman to recite the formula of the fixed time marriage (Mut‘ah) after settling the period of marriage and the amount of dowry. Hence, the woman should say: “زَوَّجْتُکَ نَفْسِي فِي الْمُدَّةِ الْمَعْلُومَةِ عَلَي الْمَهْرِ الْمَعْلُومِ”“Zawwajtuka Nafsī Fil Muddatil Ma‘lūma ‘Alal Mahril Ma‘lūm”(I have made myself your wife for the agreed period and the agreed mahr)and then the man immediately responds thus: “قَبِلْتُ”“Qabiltu”(I have accepted)Or if the representative of the woman says:“مَتَّعْتُ مُوَکِّلَتِي مُوَکِّلَکَ فِي الْمُدَّةِ الْمَعْلُومَةِ عَلَي الْمَهْرِ الْمَعْلُومِ”“Matta‘tu Muwakkilatī Muwakkilaka Fil Muddatil Ma‘lūmati ‘Alal Mahril Ma‘lūm”(I have given my client to your client in marriage for the agreed period and the agreed mahr)and thereafter the representative of the man should immediately respond thus: “قَبِلْتُ لِمُوَکِّلِي هَکَذا”“Qabiltu Li Muwakkilī Hākadhā”(I have accepted the same on behalf of my client).

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.

Issue No. 2033- If a person pronouncing the formula does not know the Arabic grammar but utters the words of the marriage contract correctly and also comprehends the meaning, his marriage will be valid.

Issue No. 2035- If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the contract of marriage has been pronounced, the obligatory precaution is to pronounce the formula of the marriage again.