Book of Marriage
Introduction

The marriage contract is a sunnah, and entering into it while feeling sexual desire is better than performing supererogatory acts of worship.1 It becomes obligatory for anyone who fears falling into fornication if he were to remain unmarried.2

It is recommended to marry one wife who is religious, unrelated, a virgin, fertile, and whose mother is not alive. He is allowed to look—several times and without being alone with her—at those parts of her that normally remain visible.3

It is unlawful to make an explicit proposal to a woman in her waiting period after her husband’s death or after an irrevocable divorce; only indirect allusion is permitted. Both direct and indirect proposals are allowed for the husband who divorced her with fewer than three pronouncements, as in a revocable divorce, and they are forbidden to anyone else.

Indirect proposal (taʿrīḍ) would be statements such as, “Someone like you is certainly desirable,” to which she might reply, “Someone like you would never be refused,” and the like. If the guardian of a woman who can be compelled accepts on her behalf, or if a woman who cannot be compelled herself accepts a Muslim suitor, it becomes unlawful for anyone else to propose to her. If the guardian refuses, merely grants permission, or the situation is unknown, then another proposal is permissible.

It is recommended to conclude the contract on Friday afternoon, preceded by the sermon attributed to Ibn Masʿūd.

Section
The pillars of the contract are: 1) the two spouses, free of any impediment, and 2) the offer (ijab) and the acceptance (qabul).

For anyone proficient in Arabic, the contract is not valid unless the wording includes one of the phrases, “I marry (zawwajtuka) [her to you],” or “I have given [her] in marriage (ankachtuka),” and the groom responds, “I accept this marriage,” “I have married her,” “I have contracted,” or, “I accept.” Whoever is unfamiliar with these specific words is not obliged to use them.