of the cosmos and the happiness of both worlds. When these objectives are not attained, it means that the divine systems He has commanded and encouraged have not been observed. In this way one perceives the loftiness of the religion and the greatness of its aims and purposes.
Benefit:
Shaykh ʿAbd al-Raḥmān al-Saʿdī said: The marriage contract differs from other contracts in several rulings:
1 – It possesses virtues and benefits that no other contract enjoys.
2 – With all other contracts a person may enter into as many as he wishes, whereas in marriage the ceiling is four wives at one time.
3 – For a marriage to be valid a spoken formula is indispensable because of its gravity, while other contracts may be concluded by any act that signifies consent.
4 – The presence of witnesses is a condition for the validity of marriage; for other contracts witnessing is recommended but not obligatory.
5 – A guardian is required to marry off a woman, whereas she may conduct any other contract on her own without a guardian.
6 – Other contracts may be made without consideration, but in marriage the dower is essential.
7 – In exchanges it is impermissible to allocate any of the consideration to someone other than the one who provides it, whereas in marriage part of the dower may be assigned to her father.
8 – A father may not sell any of his minor child’s property for less than its fair value, yet he may marry off his young daughter for a dower below the customary amount for her peers.
9 – Marriage admits neither the option to cancel before the parties disperse nor any conditional option, unlike sales and similar transactions.
10 – Contracts concerning usufruct must stipulate a specific term, whereas in marriage it is unlawful to set a fixed duration; otherwise it becomes a temporary marriage (mutʿah).
11 – In deferred payments under contracts the due date must be specified, unlike the dower.