2378.There are certain conditions for the Nikah recited for marriage. They are as follows:
1. 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, as an obligatory precaution it is necessary to appoint a representative which can pronounce the formula correctly , if it is possible for them . And if it is not possible for them, they can pronounce the Nikah in any other language, But the words used in translation must convey strictly the meaning of "Zawwajtu" and "Qabiltu".
2. The man and the woman or their representatives, who recite the Nikah, should have the intention of Insha' (i.e. reciting it in a creative sense, making it effective immediately). In other words, if the man and the woman themselves pronounce the formula, the intention of the woman by saying: Zawwajtuka nafsi' should be that she effectively makes herself the wife of the man; and by saying: "Qablitut tazwija" the man effectively accepts her as his wife.
And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: 'Zawwajtu' and 'Qablitu' should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife.
3. The person who pronounces the Nikah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, baligh (adult).
4. If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them.
Hence, if a person has more than one daughters, and he says to a man: Zawwajtuka Ihda Banati (i.e. I have given away one of my daughters to you as your wife) and the man says: Qabiltu (i.e. I have accepted) the marriage contract is void, because the daughter has not been identified.
5. The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.
2379. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.
2380. If a person pronouncing Nikah , recites it in correct Arabic and knows the exact meaning of each word, and intends the meaning of each word, the Nikah will be valid. And it is not necessary for him to know the laws of Arabic grammar.
2381. If Nikah of a woman is pronounced to a man without their consent, but later both man and woman endorse the Nikah, the marriage is in order.