The validity of using terms other than 'Inkaha' or 'Tazwij' based on the Hadith concerning the Quran exchange.

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

The usage of terms like 'hibah' (gift) or 'tamlik' (transfer of ownership) does not validate the marriage contract. The primary evidence against this is the Quranic verse concerning the believing woman offering herself to the Prophet, peace be upon him: {And [also forbidden to you are] married women, except those your right hands possess [as captives]. [This is] the decree of Allah upon you. And lawful to you are all [other women] beyond these, [provided that] you seek them by means of your wealth, desiring chastity, not illicit sex} (Quran 4:24, though the text cites Quran 33:50 concerning the special concession for the Prophet, implying the principle of offering oneself). Furthermore, any word that validates a transaction other than marriage, such as hiring (*ijarah*), permission (*ibahah*), or permitting what is forbidden (*ihlal*), does not validate marriage. A term not explicit in signifying marriage cannot validate it, especially because the condition of witness (*shahadah*) is required for marriage, and statements understood through intent (*niyyah*)—which are the basis for such implied terms—cannot be attested to by witnesses, distinguishing it from divorce where such implications are accepted.

Supporting text

Regarding the Hadith evidence used by those who permit other terms (where the Prophet said, 'I have given you ownership of her in exchange for what you possess of the Quran'), it is argued that authentic narrations confirm the Prophet used the explicit terms 'I married you to her' (*zawwajtuka-ha*) or 'I have wedded you to her' (*ankah-tuka-ha*). It is presumed that narrators conveying different wordings in relation to the same incident transmitted the meaning rather than the precise words, rendering the variant wording without evidentiary weight. Even if the Prophet combined terms, the contract is established by one explicit term, making the others superfluous.