MARRIAGE CONTRACT
Stipulations of the Marriage Contract
As for the marriage contract ('aqd), it has four conditions that facilitate its establishment and dissolution:
1. Permission of the guardian; if not, then [that of] the ruler.'
2. Consent of the woman if she is a nonvirgin adult (thayyib bough) or a virgin adult given away in marriage by someone other than her father or grandfather.
3. The presence of two witnesses openly known for fairness. If both enjoy a blameless record, then the establishment of the contract is decreed.
4. A declaration (ijab) and a related acceptance (qabul) encompassing the term “marry,” “give in marriage,” or some similar term, pronounced by two individuals charged with the responsibility, neither of whom is a woman; but [they] could include the husband, the guardian [of the woman], or the representative [of either party].
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