Tibyān

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F117Chapter on the Pillars of the ContractRevised

Concluding a Marriage in a Language Other Than Arabic

Must the offer and acceptance be in Arabic, and does the ruling differ between one able to speak Arabic and one unable?

Hanafi

Marriage is concluded in a language other than Arabic without restriction, whether the contracting party can speak Arabic or not, so long as the words used convey the meaning of marriage expressly or by allusion.

Maliki

Marriage is valid in a language other than Arabic for one who does not command it, and valid likewise for one who does, provided the words convey the meaning of marrying and giving in marriage precisely; Arabic remains preferable.

Shāfiʿī

Marriage is valid in a language other than Arabic even if the contracting party can speak Arabic, since the meaning is what counts, provided each of the two contracting parties and the witnesses understands the other's words.

Hanbali

One able to speak Arabic must contract in it with the word for marrying or for giving in marriage, and his contract is not valid in another tongue while he is able. If he is unable, his marriage is valid in his own tongue with what conveys the meaning of those two words.