Is a marriage contract valid if the guardian specifies 'my daughter' but uses the wrong name?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is valid when a father says to a man, 'I marry you to my daughter,' while naming her incorrectly. This ruling is held by the companions of Al-Shafi'i. The basis for this validity is that the statement 'my daughter' carries more legal weight than the specific name, as the designation 'my daughter' implies sole ownership (no sharing), whereas a name can be shared or ambiguous. Following this legal reasoning, if a guardian points to the woman and says, 'I marry you to this one,' while using the wrong name, the contract remains valid.