مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٩٩ - THE METHOD OF PRONOUNCING THE MARRIAGE FORMULA
CONDITIONS OF MARRIAGE
٢٣٧٩.There are certain conditions for the conclusion of marriage. The same are as mentioned below:
(i) On the basis of precaution the formula of marriage contract should
be pronounced in correct Arabic. And if the man and the woman cannot
pronounce the formula in correct Arabic they should, if possible,
engage, on the basis ofobligatory precaution, some one as their
representative who can pronounce the formula in correct Arabic. And if
this is not possible they can themselves pronounce it in alanguage other
than Arabic, but they must use words which contain the concept of
Zawwajtu and Qablitu.
(ii) The man and the woman or their representatives who recite
theformula should have the intention of insha (i.e. the object of
reciting the formula should be to make the man and the woman as husband
and wife respectively). In other wordsif the man and the woman
themselves pronounce the formula the intention of the woman by
saying:Zawwajtuka nafsi should be that she makes herself the wife of the
man and bysaying: Qabilitut tazwija the man accepts her as his wife.
And if the representatives of the man and the woman pronounce the
formula their intention by saying: Zawwajtuand Qablitu should be that
the man and the woman who have appointed them as their representatives
should become husband and wife.
(iii) On the basis of precaution theperson who pronounces the formula
(whether he pronounces it for himself or has been engaged by some other
person as his representative) should be adult and sane.
(iv) If the formula is pronounced by the representatives or guardians of
the man and the woman they should specify the man and the woman by
uttering their names or making signs towardsthem. Hence. if a person has
more than one daughters and he says to a man: Zawwajtuka Ihda Banati
(i.e. I have