2434. A marriage contract must fulfill the following conditions:
1. Obligatory precaution dictates that it should be pronounced in correct Arabic. If the man himself or the woman herself is unable to pronounce the formal expression in Arabic, they may also pronounce it in a language other than Arabic. The must select the expressions that will convey the meaning of زَوَّجْتُ and قَبِلْتُ. The recommended precaution however is that they deputize—if possible—a person who is able to pronounce it in correct Arabic.
2. The man, woman or their deputy should have a formative intention, meaning that if the man and the woman pronounce the formal expressions themselves, then the woman should have the intention of becoming his wife by pronouncing زَوَّجْتُكَ نَفْسِي, and the man should have the intention of accepting her as his wife by pronouncingقَبِلْتُ التَزْوِيْجَ. If their deputy pronounces the formal expressions, he should have the intention of making them husband and wife by pronouncing زَوَّجْتُ and قَبِلْتُ.
3. The person pronouncing the formal expression must be sane. As for one who is not b¡ligh, but able to form the contract, in the event that he pronounces the formal expression for himself without the permission or consent of his guardian, it will not be valid. However, if he does so with the permission and consent of his guardian, there will be no objection to it. In the event that he pronounces the formal expression as the deputy of a third party, the (marriage) contract will be valid.
4. If the deputy of the man and woman, or their guardians, pronounce the formal expressions, they should specify the husband and wife whilst pronouncing the contract. For example, they may pronounce their names or point towards them.
Therefore, if a person who has many daughters says to a man, زَوَّجْتُكَ اِحْدى بَناتِي meaning I wed to thee one of my daughters, and he responds by saying قَبِلْتُ, meaning I have accepted, the (marriage) contract will be void because they failed to specify a particular daughter while pronouncing the contract.
5. The man and the woman should both consent to the marriage. However, if the woman consents with apparent aversion, but it is known that she has consented to it in her heart, the (marriage) contract will be valid.
2435. If even a word is wrongly pronounced in the (marriage) contract, in a manner that changes its meaning, the contract will be void.
2436. If a person is not familiar with Arabic grammar, recites the formal expressions correctly, and knows the meaning of each word in the formal expression, and intends the meaning of each word when pronouncing it, he may pronounce the (marriage) contract.
2437. If a woman is wedded to a man without their consent, and thereafter the man and the woman consent to the marriage contract, it will be valid.
2438. If the man and the woman, or one of them, is compelled to the marriage, then in the event that they themselves had pronounced the marriage contract, and after pronouncing it they consent to it, it will be valid.
In the event that someone else had pronounced it, then if they consent to it, it will be valid. For example, they may state, “we consent to that marriage contract.”
2439. The father or paternal grandfather may solemnize the marriage of their child (grandchild) who is not b¡ligh, or who is insane and turned b¡ligh in the state of insanity. Once the child becomes b¡ligh or the insane individual regains sanity, then if the marriage that was solemnized for them was not to their detriment, they cannot cancel it. However if it was (to their detriment), they may ratify it or reject it. However, in the case that a non-b¡ligh girl and boy are married to each other by their respective parents, and upon turning b¡ligh they do not consent to it, the precaution with respect to carrying out a divorce or a new marriage contract should not be abandoned.
2440. If a girl who has reached the age of bulugh and is mature, in that she is able to determine her best interest, wishes to get married, and she is a virgin, obligatory precaution dictates that she acquire the consent of her father or grandfather. The permission of her mother or brother is not necessary.
2441. If a girl is not a virgin, or if she is a virgin but seeking the consent of her father or paternal grandfather is not possible, or entails a lot of hardship and she needs to get married, then the consent of her father or paternal grandfather will not be mandatory.
2442. If a father or paternal grandfather marries his non-b¡ligh son (grandson) to a girl, the son will have to pay for the expenses of his wife once he becomes b¡ligh. As for the expenses before he turns b¡ligh, in the event that the wife avails herself, and the son is able to derive pleasure, obligatory precaution dictates that he ascertain that he is free of any financial obligation to her by reaching a compromise settlement or otherwise.
2443. If a father or paternal grandfather marries his son (grandson) to a girl, then in the event that the son owned some property at the time of the marriage contract, he will be responsible to pay for the mahr of his wife. However if he did not own any property at the time of the marriage contract, then his father or grandfather will have to pay for the mahr of the wife.
