or she willingly submitted to him, and they both regarded it as marriage, they would be allowed to remain together on that basis; otherwise not.” Clearly, the capacity of words or actions to express the intended purpose of a contract is not confined to Muslims rather than unbelievers. What distinguishes Muslims here is that Allah has commanded that marriage be distinguished from fornication, as He, Most High, says:

“Seeking chastity, neither committing fornication nor taking secret lovers.”

And He says:

“Chaste women, neither committing fornication nor taking secret lovers.”

He therefore prescribed a guardian, witnesses, and similar requirements to distinguish marriage unmistakably from fornication and to protect women from resembling prostitutes. He even prescribed beating a frame drum and holding a wedding feast to make the marriage publicly known. Hence the statement found in a transmitted report:

“A woman may not marry herself off.”

For it is the prostitute who marries herself off. He commanded that marriage be witnessed, publicly announced, or both: these are three views, corresponding to three positions transmitted within Ahmad’s school. Those who required only witnesses explained that their presence provides the publicity that distinguishes marriage from fornication and safeguards lineage in the event of denial.

The wisdom behind these requirements, which the Lawgiver established in the Quran, the Sunnah, and transmitted reports, is clear. Requiring a particular wording, however, has no basis in either transmitted evidence or sound reasoning. The comprehensive principle we have mentioned—that contracts are valid through any words or actions expressing their intended purpose—is supported by the foundational principles of Islamic law and is recognized by people’s hearts.

For Allah, Glorified and Exalted, says: