Conditions of Marriage.

2515. There are certain conditions for the Nikah recited for marriage:

I. The formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman cannot do that, as an obligatory precaution, they must find someone who can, and if this is not also possible, they may pronounce it in any language, provided that the words they use convey strictly the meaning of “Zawwajtu” and “Qabiltu.”

II. The man and the woman or their representatives, who recite the Nikah, should have the intention of Insha’ (i.e. reciting it in a creative sense, making it effective 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: Qabiltut tazwija” the man effectively accepts her as his wife. And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: Zawwajtu and Qabiltu should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife.

III. The person who pronounce the Nikah, whether he pronounces it for himself or has been engaged by some other person as his representative, should be sane and Baligh also.

IV. If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them. Hence, if a person has more than one daughters, and he says to a man: Zawwajtuka Ihda Bunati (i.e. I have given away one of my daughters to you as your wife) and the man says: Qabiltu (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 ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.

2516. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.

2517. If a person pronouncing Nikah comprehends its general meaning, and has a clear intention of effecting that meaning, the Nikah will be valid. It is not necessary for him to know the exact meaning of each word, or to know the laws of Arabic grammar.

2518. If Nikah of a woman is pronounced to a man without her consent, but later both man and woman endorse the Nikah, the marriage is in order

2519. If the woman and the man, or any one of them, is coerced into matrimonial, and they give consent after the Nikah has been pronounced, the marriage is in order.

2520. The father and the paternal grandfather can contract a marriage on behalf of his minor son or daughter, or on behalf of an insane son or daughter, if they are Baligh. And after the children have become Baligh or the insane has become sane, he cannot abrogate it, if the contracted marriage does not involves any moral lapse or scandal. And if the marriage contract does involve moral lapse or scandal, it is an authorized (Fozoli) act and it may be endorsed or called off.

2521. If a father or paternal grandfather contract a marriage for their non-Baligh boy, that boy must pay expenses of his wife after reaching Bulugh.

2522. If a father or paternal grandfather contracts a marriage for their non-Baligh boy, if the boy has any property at the time of contract, he is indebted for Mahr to concerned woman, if not, his father or paternal grandfather must do it.

2523. If a girl has reached the age of Bulugh and is virgin and mature (i.e. she can decide what is in her own interest) wishes to marry, she should obtain permission form her father or paternal grandfather. It is not, however, necessary for her to obtain permission from her mother or brother

2524. If the father and paternal grandfather of a girl are absent, so that it is not possible to get their permission and the girl needs to get married, then it is not obligatory to get their permission. Also, if a suitable man is willing to marry the girl and she is ready to marry to someone who is proper for her in view of Shariah and customs and then her father and paternal grandfather do not give their permission or make obstacles, it is not necessary to obtain their consent. Also, if the girl is not virgin and she has married before, the permission of father and paternal grandfather is not necessary.