Is verbal marriage and divorce recognized if not in Arabic?
The preponderant opinion is that marriage (nikah) and divorce (talaq) are valid even if not in the Arabic language, because the focus is on the meaning. The majority of jurists hold that a person who does not master Arabic can validly contract marriage in their own language. However, they differed regarding someone who is capable of uttering the marriage formula in Arabic. The Hanafis, the Shafi'is (according to the more correct opinion), and Sheikh Taqiyuddin Ibn Taymiyyah held that it is concluded in other languages. Similarly, divorce occurs in a non-Arabic language if its clear expression is used. The rule is that all contracts are concluded by whatever conventionally indicates them.
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- Original fatwa ID
- 5409
- Imported
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