Marriage conditions

Marriage Conditions
1- Designating the two spouses.

2- The consent of the tlvo spouses. None of them should be forced to give his/her consent. Both the

virgin and the non-virgin, must first give their permission before giving them in marriage. The

virgin's permission is her silence when asked, while the non-virgin's permission is her verbal consent.

The insane and the intellectually incompetent may be made to marry without their consent.



3- The presence of a guardian, who must be a male, free, adult, trusrworthy. Both parties must

subscribe to the same religion. The governor may give in marriage a kafirah ( a non-believer) 

woman who has no guardian. The woman's father is the one who has the right of giving her

 in marriage, or her grand father, regardless how far up his lineage may be, or her son regardless how 

far down his lineage may be, then her first brother, or her half brother, or their sons, or her first uncle,

or her second uncle. or their sons, or the closest of kinship to her from the ta'seeb group, or the

governor.

4- The witnesses: No marriage would be valid without two male witnesses.

If the first guardian refrained, or if he is not fit, or he is absent, or unavailable, the next of kin

guardian may represent him.

If the guardian gives in marriage a pious woman to an impious, the marriage would be valid.

If the woman or her guardians object to this marriage, the nikah would be canceled, for shame would 

be on them all