Conditions of pronouncing Nikah

2379. There are certain conditions for the Nikah recited for marriage. They are as follows:

On the basis of precaution, the formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the Nikah in any other language, and it is not necessary to appoint any representatives. But the words used in translation must convey strictly the meaning of "Zawwajtu" and "Qabiltu".

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: "Qablitut 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 'Qablitu' should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife.

The person who pronounces the Nikah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, and as a precaution, he should be baligh also.

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 Banati (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.

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.

2380. 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.

2381. 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.

2382. 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.

2383. If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the Nikah has been pronounced, the marriage is in order, although it is better that the Nikah be repeated.

2384. 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 can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal.
And if the marriage contract does not involve any moral lapse or scandal, but the na-baligh son or daughter calls off the marriage, then as an obligatory precaution, a Talaq or a renewed Nikah, whatever the case may be, must be recited.

2385. 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 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.

2386. In the following situations, it will not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married:

If she is not a virgin.

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

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

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

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.

2387. If the father or the paternal grandfather contracts marriage on behalf of his na-baligh son, the boy, upon attaining bulugh, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming baligh, 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, there is a strong indication that she is entitled to maintenance from the husband, therefore a compromise should be carried out as a precaution.

2388. If the father or the paternal grandfather contracts a marriage on behalf of his na-baligh son, they should pay the Mahr if the boy does not own any means, or if either of them undertakes to pay the Mahr himself. In other situations, the father or the paternal grandfather can pay Mahr from the boy's wealth, but it should not exceed the proper usual Mahr customarily given in similar cases. But if the circumstances demand that higher Mahr be paid, they can pay it from the boy's wealth, and not otherwise, unless the boy approves it after having become baligh.

Conditions of pronouncing Nikah

2483. The following are the eight conditions under which suckling child becomes the cause of being Mahram.

That the child sucks the milk of a woman who is alive. It is of no consequence if milk is drawn from the breast of a woman who is dead.

That the milk of the woman should not be the product of fornication or adultery. Hence, if the milk for an illegitimate child is breastfed to another child, the latter will not become Mahram of anyone.

That the child sucks milk directly from the breasts of the woman. Hence, if milk is poured into its mouth, it has no consequence.

That the milk be pure and unadulterated.

That the milk be of one husband only. Hence, if a breast-feeding woman is divorced and then she marries another man by whom she becomes pregnant, if the milk of the first pregnancy still continues from the breast till she gives birth to the other child, and she feeds any child eight times with the milk from her first pregnancy before giving birth, and feeds the same child seven times with the milk from the second pregnancy, after giving birth, that child will not become Mahram of anyone.

That the child does not throw up the milk due to illness. If it vomits the milk, the suckling has no effect.

The suckling should be of such quantity that it could be said that the bones of the child were strengthened and the flesh allowed to grow. And if that cannot be ascertained, then if a child suckles for one full day and night, or if it suckles fifteen times to its fill, as will be explained later, it will be sufficient.
But if it is known that in spite of the child having suckled for one full day and night, or for fifteen times, the milk has not had any effect on the bones and the growth of flesh of the child, then one should not ignore exercising the precaution.

That the child should not have completed two years of his age, and, if it is suckled after it has completed two years of its age, it does not become Mahram of anyone. In fact, if, for example, it sucks milk eight times before completing its two years, and seven times after completing its two years, it does not become Mahram of anyone.
But, if milk continues from the breast for more than two years since a woman gave birth to her child, and she suckles the child continuously, that child will become Mahram of those who have been mentioned above.

2484. It is necessary that the suckling child should not have taken any other food, or sucked milk from any other person, during one full day and night. However, it it takes very little food, so little that one may not say that it has taken any food in between, there is no harm in it.
Also, it should have suckled the milk of only one woman fifteen times, and during these fifteen times, it should not have sucked the milk of any other woman. And it should have sucked milk every time without a gap, though, if while suckling milk it pauses to breathe, or waits a little, in a manner that from the time it started till the end, it is taken as one suckling, there is no objection.

2485. If a woman suckles a child from the milk of her husband, and when she later marries another man, suckles another child from the milk of her second husband, those two children do not become Mahram of each other, although it is better that they do not marry each other.

2486. If a woman suckles several children from the milk of one husband, all of them become Mahram of one another, as well as of the husband, and of the woman who suckled them.

2487. If a man has more than one wife, and every one of them suckles a child in accordance with the conditions mentioned above, all those children become Mahram of one another, as well as of that man, and of all those wives.

2488. If a man has two nursing wives, and if, for example, one of them suckles the child eight times and the other suckles it seven times, the child does not become Mahram of any one of them.

2489. If a woman gives full milk to a boy and a girl from the milk of one husband, the sisters and brothers of that girl will not become Mahram of the sisters and brothers of that boy.

2490. A man cannot marry without the permission of his wife, those women who became her nieces (sister's daughter or brother's daughter) owing to the suckling of milk. Also, if a person commits sodomy with a boy, he cannot marry his milk daughter, sister, mother and paternal grandmother by means of sucking milk. This rule applies also in the situation where an active partner in sodomy is not baligh, or when the passive partner is baligh.

2491. A woman who suckles the brother of a person, does not become Mahram of that person, although the recommended precaution is that he should not marry her.

2492. A man cannot marry two sisters even if they may be milk sisters, that is, they have become sisters by means of suckling milk. If he marries two women and understands later that they are sisters, if he married them at one and the same time, both the Nikah will be void. But if he did not marry them at one time, the first marriage will be valid, and the second will be void.

2493. If a woman suckles the following persons from her husband's milk, her husband does not become haraam for her, although it is better to observe precaution.

Her own brother and sister.

Her own paternal uncle and paternal aunt, and maternal uncle and maternal aunt.

The descendants of her paternal uncle and her maternal uncle.

Her nephew (brother's son).

Brother or sister of her husband.

Children of her sister, or children of her husband's sister.

Paternal uncle and paternal aunt and maternal uncle and maternal aunt of her husband.

Grand children of another wife of her husband.

2494. If a woman suckles the paternal aunt's daughter, or maternal aunt's daughter of a man, she (the woman who suckles) does not become Mahram of that man. However, the recommended precaution is that he should refrain from marrying that woman.

2495. If a man has two wives, and one of them suckles the paternal uncle's son of the other wife, the wife who suckled does not become haraam for her husband.