marriage can never be concluded in Arabic except by these two formulas.

As for Judge Abū Ya‘lā and others, they treated this case as an exception to the analogical principle on which they agreed with Ibn Hāmid, deeming it a case of juristic preference.

Ibn Aqīl mentioned another position within the school: that marriage may be concluded without using the wording of giving in marriage or marrying, since Ahmad explicitly stated as much. This accords more closely with Ahmad’s explicit statements and legal principles.

Mālik’s position on this issue resembles Ahmad’s. Mālik’s followers differed as to whether marriage may be concluded without the wording of giving in marriage or marrying, holding two views. The only explicit statement reported from Mālik is the prohibition of that which was exclusive to the Prophet (peace and blessings be upon him), namely, a woman’s giving herself in marriage without a dower. Ibn al-Qāsim said: “If a man gives his daughter, intending thereby to marry her off, I do not recall any statement from Mālik concerning it; in my view, it is valid.” The view stated by some of the followers of Mālik and Ahmad—that marriage can be concluded only with these two expressions—is far removed from their legal principles, for this ruling is based on two premises:

The first is that every other wording is allusive and that allusive wording requires an intention. Yet their well-known position is that contextual indications make allusive wording explicit and take the place of an expressed intention. Accordingly, in matters of divorce, accusations of illicit sexual conduct, and the like, they treated allusive expressions accompanied by contextual indications as equivalent to explicit ones.

It is well known that the contextual indications surrounding a marriage are clear: people gather for that purpose and discuss the reason for which they have assembled. If, after this, a man says, “I have made her yours for one thousand dirhams,” those present necessarily understand that marriage is intended. Indeed, this expression has become so widespread in customary usage that people call the marriage contract itself an imlāk or milāk. This is why people narrated the Prophet’s words to the suitor of the woman who had offered herself, who searched but did not