Conditions of Marriage

**Five Conditions:** **1. Specification of Both Spouses:** The marriage contract is not valid for an unspecified person, like saying: "I marry you my daughter" when he has more than one, or: "I marry her to your son" when he has several sons. Rather, each must be specified by name (like Fatimah and Muhammad) or by description (like the eldest or the youngest). **2. Consent of Both Spouses:** A forced marriage is not valid. - **Evidence:** Abu Hurayrah رضي الله عنه reported that the Messenger of Allah ﷺ said: "A previously married woman should not be married until she is consulted, and a virgin should not be married until her permission is sought" [Bukhari & Muslim] **3. Guardianship in Marriage:** A woman cannot be married except by her guardian. - **Evidence:** The Prophet ﷺ said: "There is no marriage except with a guardian" [Abu Dawud, Tirmidhi, Ibn Majah - sahih] **Conditions for the Guardian:** He must be: male, adult, sane, free, and upright (at least outwardly). **4. Witnesses to the Marriage Contract:** Marriage is not valid except with two upright Muslim, adult, just witnesses - even if only outwardly just. - **Evidence:** The Prophet ﷺ said: "There is no marriage except with a guardian and two just witnesses; and whatever is otherwise is invalid" [Ibn Hibban - sahih] - Tirmidhi said: "This is what the people of knowledge among the Companions and those after them from the Successors act upon. They said: No marriage except with witnesses." - Requiring witnesses is a precaution for lineage, fearing denial. **5. Freedom from Impediments:** Both spouses must be free from impediments that prevent marriage, whether by lineage or other causes like breastfeeding, affinity, or difference in religion; or causes like one of them being in ihram for Hajj or Umrah.