By which specific verbal formula is a marriage contract concluded (Aqd al-Nikah)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is concluded solely by the utterance of the terms *Inkaha* (to marry) or *Tazwij* (to wed). This is established by consensus (Ijma) and supported by textual evidence from the Quran, specifically the verses where Allah states: {We married her to you} (Quran 33:37) and {Do not marry those whom your fathers married from women} (Quran 4:22). This ruling is held by Sa'id ibn al-Musayyib, 'Ata', al-Zuhri, Rabi'ah, and al-Shafi'i. Furthermore, the wording used by the two parties in the contract need not be identical; for example, if one party says, 'I have married my daughter to you,' and the other responds, 'I accept this marriage,' the contract is valid.
Supporting text
Al-Thawri, al-Hasan ibn Salih, Abu Hanifah and his companions, Abu Thawr, Abu 'Ubayd, and Dawud hold that the contract is valid using terms related to gift (*hibah*), charity (*sadaqah*), sale (*bay'*) or ownership transfer (*tamlik*). Malik permits these terms if the dowry (*mahr*) is explicitly mentioned. Their evidence includes the Hadith where the Prophet, peace be upon him, married a man to a woman saying, 'I have given you ownership of her in exchange for what you possess of the Quran,' narrated by al-Bukhari.