believe it is not a marriage, it may not be allowed to stand. Indeed, they went so far as to say: If a man belonging to a belligerent non-Muslim people forcibly took a woman of the same status and had intercourse with her—or if she consented to him—and they both regarded this as a marriage, their union would be allowed to stand; otherwise, it would not.

It is well known that an utterance or act signifying the intended purpose of a contract is not something peculiar to Muslims rather than non-Muslims. What is particular to Muslims is that Allah commanded that marriage be clearly distinguished from fornication, as the Exalted says: “Seeking chastity, neither committing fornication nor taking secret lovers” [al-Mā’idah: 5] [al-Mā’idah: 5], and He says: “Being chaste, neither committing fornication nor taking secret lovers” [al-Nisā’: 25] [al-Nisā’: 25]. He therefore prescribed a guardian, witnesses, and similar measures, thereby making an emphatic distinction between marriage and fornication and safeguarding women from resembling prostitutes. He even prescribed playing the frame drum and holding a wedding feast, ensuring that the marriage becomes publicly known. Hence, it is stated in a report: “A woman may not give herself in marriage, for it is the prostitute who gives herself in marriage.” He also required witnesses, public announcement, or both. These are three positions, corresponding to three reports within Ahmad’s school. Those who hold that witnesses alone suffice explain that their presence provides the publicity that distinguishes marriage from fornication and preserves lineage in the event of denial.

The wisdom behind these requirements, which the Lawgiver laid down in the Book, the Sunnah, and the transmitted reports, is evident. As for insisting upon one particular formula, there is no basis for it in either transmitted evidence or rational consideration.

This comprehensive principle we have mentioned—namely, that contracts are valid through anything, whether an utterance or an act, that signifies their intended purpose—is what the foundational principles of the Sharia indicate and what hearts intuitively recognize. This is because Allah, Glorified and Exalted is He, says: “Marry such women as seem good to you” [al-Nisā’: 3] [al-Nisā’: 3], and He says: “Arrange the marriages of the unmarried among you” [al-Nūr: 32] [al-Nūr: 32], and He says: “Allah has permitted trade” [al-Baqarah: 275] [al-Baqarah: 275], and He says: “But if they willingly remit any part of it to you, then enjoy it with satisfaction and ease” [al-Nisā’: 4] [al-Nisā’: 4],