What are the requirements for specifying the contracting parties in a marriage contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The specification of both the husband and wife is a condition for the validity of the marriage contract, analogous to the necessity of specifying the buyer and the item sold. If the woman is present, saying, 'I marry you to this one,' is sufficient, as pointing suffices for specification. Adding her name or patronymic is merely confirmatory. If the woman is absent, saying, 'I marry you to my daughter, and I have no other,' is valid. Naming her along with this statement is confirmatory.
Supporting text
If the father has multiple daughters and says, 'I marry you to my daughter,' the contract is invalid unless specified by a distinguishing term like 'the eldest' or 'the middle one.' Naming her (e.g., 'my daughter Aisha') is sufficient. If he has only one daughter named Fatima and says, 'I marry you to Fatima,' it is invalid because the name is shared with other women named Fatima unless he adds 'my daughter.' Some Shafi'is permit validity if both parties have the specific woman in mind, but this is incorrect because marriage requires a witnessable form of identification, which intention alone cannot satisfy. Similarly, saying 'I marry you to Fatima, daughter of so-and-so,' requires tracing the lineage until a distinct identity is established.