Tibyān

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F113Chapter on the Pillars of the ContractRevised

The Formula of Offer and Acceptance, and the Words by Which Marriage Is Concluded

Is marriage concluded only by the words for marrying and giving in marriage, or also by other words such as gift, transfer of ownership and sale?

Hanafi

Marriage is concluded expressly by the words for marrying and for giving in marriage, and likewise by any word conveying immediate and permanent transfer of a thing itself — sale, gift, alms, conveyance — where the context shows that marriage is what is meant.

Maliki

Marriage is concluded by the words for marrying and for giving in marriage, and by the word of gift provided the dower is named. Whether it is concluded by any word implying permanence, such as “I sold” or “I conveyed”, with the dower named, is disputed.

Shāfiʿī

Marriage is concluded only by the express words for marrying or giving in marriage, such as “I have married you to” or “I have given you in marriage”; it is also valid if the groom says “Marry me to her” and the guardian replies “I have married you to her.” It is definitely not concluded by allusive words such as gift, sale or conveyance, even if the dower is named with them.

Hanbali

The conclusion of marriage is confined to the express words for marrying and giving in marriage and their derivatives; it is not concluded by gift, sale or conveyance even if the dower is named with them, for marriage is a contract in which its own revealed wording is required.