But the words used in translation must convey strictly the...

But the words used in translation must convey strictly the meaning of “Zawwajtu” and “Qabiltu”. (ii) The man and the woman or their representatives, who recite the Sighah, should have the intention of Insha' (i.e. reciting it in a creative sense, making it effective immediately).

In other words, if the man and the woman themselves pronounce the formule, the intention of the woman by saying, “Zawwajtuka nafsi”, should be that she effectively makes herself the wife of the man; and by saying, “Qabilt-ut-tazwija”, the man effectively accepts her as his wife.

And if the representatives of the man and the woman pronounce the Sighah, their intention by saying, “Zawwajtu”, and “Qabiltu”, should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife. (iii) The person who pronounces the Sighah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, and he should be Bàligh also, if he pronounces it for himself.

And as a precaution the formula pronounced by a minor who is discerning for another person is not sufficient, and if he pronounced, they should be devorced or the formule should be uttered again. (iv) If the Sighah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them.

Hence, if a person has more than one daughters, and he says to a man, “Zawwajtuka ihda banati” (i.e. I have given away one of my daughters to you as your wife), and the man says, “Qabiltu” (i.e. I have accepted), the marriage contract is void, because the daughter has not been identified. (v) The woman and the man should be willing to enter into a matrimonial alliance.

If, however, they ostensibly display hesitation while giving their consent, but it is known that in their heart, they are agreeable to the marriage, the marriage is in order. If, while reciting the Sighah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void. Previous…