Conditions of The Matrimonial Contract
· Issue 800: Some matters are conditional in the matrimonial contract ('Aqd An-Nikaah):
1) The precaution is to perform the Seeghah of marriage in proper 'Arabic. When the two sides are not able to perform the Seeghah in 'Arabic, they can perform it in their language. It is not obligatory to appoint anyone to perform the Seeghah in the 'Arabic language (although, it is better). However, it is obligatory to perform the Seeghah with words which convey the same meaning understood from the 'Arabic Seeghah.
2) It is obligatory upon whomever performs the Seeghah o f marriage that they intend Inshaa`, meaning that they intend to establish a marital bond between the man and woman by reciting these words (of the Seeghah), then, the woman makes herself a wife for the man with these words and the man accepts this meaning. Likewise, it is obligatory for the representative to have in the intention of Inshaa` as well.
3) Sanity and maturity (Buloogh) is conditional for whoever performs the Seeghah, according to precaution.
4) It is obligatory upon the guardian (Waliy) or representative (Wakeel) that they specify the man and woman at the time of performing the Seeghah of the contract. According to this, when a man has a number of daughters it is not proper that he says: I am marrying one of my daughters to you.
5) It is a condition that the man and the woman are agreed to the marriage voluntarily. However, when one of the two was apparently not agreed but we know of their agreement in their heart, their marriage is proper, in the reverse situation, their marriage is not proper.
6) It is obligatory that the performance of the Seeghah of the marriage contract be done in a proper manner. When it is performed in an incorrect manner such that it changes its meaning, the contract is invalid. There is no objection when its meaning has not been altered. It is permissible to appoint one representative for both spouses.
· Issue 801: He who does not know the rules of the 'Arabic language but he knows how to articulate the words of the contract in a proper manner and is aware of its meaning also, the contract is proper.
· Issue 802: When a woman is married to a man without her permission, then, she agrees to that afterward and gives permission for the marriage, the contract and the marriage is proper.
· Issue 803: The precaution is permission for the marriage of a mature, sensible young woman marrying herself with the permission of her father and paternal grandfather, if she is a virgin. However, when she finds an appropriate mate for herself and her father disapproves, his permission is not conditional. It is likewise when a young girl cannot access her father or paternal grandfather and she needs to get married. If she is not a virgin, the permission of her father or grandfather is not conditional in the new marriage.
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