Rafed English

Marriage (part2)

Marriage (part2)

The Method of Pronouncing the Marriage Formula

2375. If a woman and a man themselves want to recite the formula of permanent marriage, the woman should first day: Zawwajtuka nafsi 'alas-Sidequil-ma'lum (i.e., I have made myself your wife on the agreed dowery), and then the man should immediately respond thus: Quabiltut- Tazweej (i.e., I accept the marriage). In this way, the marriage contract will be in order. And if a woman and a man appoint other person to act as their representatives for pronouncing the formula of marriage, and if, for example, the name of the man is Ahmed and that of the woman is Fatima, the representative of the woman should first say: Zawwajtu muwakkilaka Ahmad muwakkilati Fatima alas-sidquil ma'lum (i.e., I have given to your sclient Ahmed in marriage with my client Fatima on the agreed Dower) and thereafter the representative of the man should immediately respond thus: Quabiltut tazweeja Muwakkilatuka Fatima li Muwakkili Ahmad alas-sidaquil-ma'lum (that is, I accepted this matrimonial alliance for my client abroad on the ageed dower). Now the marriage contract is in order. And, on the basis of recommended precaution, it is neccessary that the words uttered by the man should conform with those uttered by the woman; for example, if the woman says Zawwajtuka ... (i.e., I have made myself your wife) the man should also say: Quibiltu tazweeja ... (i.e., I accept the matrimonial alliance) and not Quabiltun-Nikaha.

2376. It is permissible for a man and a woman to recite the formula of the temporary (Mut'ah), after having agreed on the period of marriage and and amount of dower. Hence, if the woman says: Zawwajtuka nafsi fil muddatil ma'luma alal mahril ma'lum (i.e., I have made myself your wife for an agreed period and agreed Dower), and then the man immediately responds thus: Quabiltu (i.e., I have accepted), the marriage will be in order. And the marriage will also be in order if they appoint other persons to act as their representatives. Firstly, the representative of the woman should say to the representative of the man thus: Mutta'tu muwakkilati muwakkilaka fil muddatil ma'lum alal mahril-ma'lum (i.e., I have given my client to you client in marriage for the agreed period and the agreed Dower), and then the representative of the man should immediately repond thus: quabiltut tazweeja li muwakkili hakatha (i.e., I accepted this matrimonial alliance for my client this way).

Conditions of pronouncing the Formula of Nikah

2377. There are certain condtions for the Nikah recited for marriage. They are as follows:
    (i) On the basis of precauton, for formula (Nikah) of marriage contract should be prounounce the formula in correct Arabic, they can prounouce the Nikah in any other language, and it is not necessary to appoint any reprentatives. But the words used in translation must convey strictly the meaning of "Zawwajtu" and "Quabiltu"

    (ii) The man and the woman or their representatives, who recite the formula of marriage; should have the intention of Insha' (i.e., reciting it in a creative sense, making it affective immediately). In other words, if the man and the woman themselves pronounce the formula, the intention of the woman by saying "Zawwajtuka nafsi" should be that she effectively makes herself the wife of the man; and by saying: "Quabiltut-Tazweeja" the man effectively accepts her as his wife. And if the representatives of the man and that of the woman pronounce the formula of marriage, their intention by saying: "Zawwajtu" and "Quabiltu" should that the man and the woman, who have appointed them as their representatives, have effectively become husband and wife.

    (iii) The person who pronounces the formula of marriage (whether he pronounces it for himself or has been engaged by someother person as his representative) should be sane, and as a precaution, he should be pubescent also.

    (iv) If the formula of marriage is pronounced by the represesntatives or the guardians of the man and woman, they should identify the man and woman by uttering thier names or making intelligible signs towards them. Hence, if a person has more than one daughter, and he says to a man: Zawwajtuka Ihda Banati (i.e., I have given away one of my daughters to you as your wife) and the man says; Quabiltu (i.e., I have accepted) the marriage contract is void, because the daughter has not been identified.

    (v) The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensiby displays hesitation while giving her consent, but if is known that in her heart, she is agreeable to the marriage, the marriage is in order.
2378. If, while reciting the formula of marriage, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would void.

2379. If a person pronouncing the formula of marriage comprehends its general meaning, and has a clear intention of affecting that meaning, the marriage will be valid. It is not necessary for him to know the exert meaning of each word, or to know the laws of Arabic grammer.

2380. If the formula of marriage of a woman is pronounced to a man without her consent, but later both man and woman endorse the meaning, the marrriage is in order.

2381. If the woman and the man, or anyone of them, is coerced into matrimony, and the they give consent after the formula of marriage has been pronounced, the marriage is in order, although it is better that the formula of marriage be repeated.

2382. The father and the paternal grandfather can contract a marriage in behalf of his minor son or daughter, or in on behalf of an insane son or daughter, if they are pubescent. And after the children have become pubescent or the insane had become sane, he can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal. And if the marriage contact does not involve any moral lapse or scandal, but the immature son or daughter calls off the marriage, then as an obligatory precaution, a divorce or renew reciting of the formula of marriage, whatever the case may be, it must be recited.

2383. If girl has reached the age of puberty and is virgin and mature (i.e., she can decide what is in her own interest) wishes to marry, she should, obtain permission from her father or paternal grandfather, although she may be looking after her own affairs. It is not, however, necessary for her to obtain permission from her mother or brother.

2384. In the following situations, it will not be necessary for a woman to seek the permission of her father or paternal granfather, before getting married:

    (i) If she is not a virgin.

    (ii) If she is a virgin, but her father or paternal grandfather refuse to grant permission to her marrying a man who is compatible to her in the eyes of Islamic Law, as well as custom.

    (iii)If the father and the grandfather are not any way willing to participate in the marriage.

    (iv) If they are not in a capacity to give their consent, like in the case of mental illness etc.

    (v) If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently.
2385. If the father or the paternal grandfther contracts marriage in bahalf of his immature son, the boy, upon attaining puberty, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming pubescent, when he is able to consummate the marriage. And the wife should not be too young to have any sexual relation with the husband. And in the situation other than these, is a strong indication that she is entitled to maitenance from the husband, therefore a compromise should be carried out as a precaution.

2386. If the father or the paternal grandfather contracts a marriage on behalf of his mature son, They should pay Dower if the boy does not own any means, or if either of them undertakes to pay the Dower himself. In other situations, the father or the paternal grandfather can pay the Dower from the boy's wealth, but is should not exceed the proper usual Dower customarily given in similar cases. But if the circumstances demand that higher Dower be paid, they can pay it from the boy's wealth, and not otherwise, unless the boy approves it after having become pubescent.

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