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Posted by : Unknown
Friday, 17 May 2013
Can a marriage contract (consent granted) with a language other than Arabic?
Stronger the opinion, that the legal marriage ceremony in addition to Arabic, though he can speak Arabic. Mausu'ah fiqhiyah mentioned in al-Kuwaitiyah:
The
majority of scholars have argued that people who do not speak Arabic
may perform the marriage ceremony with the language of daily life. Because he does not speak Arabic, so it does not have to use the Arabic language. As a deaf person.
Then mentioned scholars dispute about the marriage contract with a language other than Arabic, which is the conclusion:
Marriage contract valid with any language, although its Arabic can. It is the opinion Hanafiyah, Syafi'iyah - according to the stronger -, Shaykh al-Islam Ibn Taymiyyah and Ibn Qudamah. In this case the position of the non-Arabic language with Arabic same. Because people who use a language other than Arabic, have the same meaning with people who speak Arabic.
Unlawful marriage ceremony with a language other than Arabic. Although he does not speak Arabic. It is the opinion of some scholars Syafi'iyah. They reasoned that lafadz consent granted status as Takbeer ceremony when prayers should only be spoken in Arabic.
Valid marriage contract using other than Arabic language, provided that the culprit could not Arabic. If the culprit may have to use the Arabic language Arabic language. This is the third opinion in the Shafi'i Syafii.
(Mausu'ah fiqhiyah Kuwaitiyah: 11:174).
Do you have to mention the name of the bride?
Among the legitimate requirements of marriage is the clarity of each bride. Such as the name of the bride or the cue point, if the wedding ceremony is in place. For
example, a guardian of the bride says to the groom "I marry you with
this child, then the trustee appointed his daughter, who was beside
him." Illegitimate valid contract law.
Ibn Qudamah said, "Among the conditions of marriage is the clarity of the bride. Because people who do contract and that diakadkan be clear. Then
see, if the bride's contract is in place, then the guardian said, 'I
marry you with this kid' then illegitimate legitimate contract. Because cues are considered explanation. If
added, for example by saying, 'I marry you with this my son' or 'my son
named ... with fulanah' then this only amplifies its meaning.
If the bride does not exist in the contract then there are two circumstances:
Trustee only has one daughter. Then he should say, "I marry you to my daughter" If anonymity is only reinforcing the status.
Guardians have more than one daughter. The
trustee may not use common words, such as saying, "I marry you to my
daughter" In these circumstances the contract illegitimate illegitimate,
until the mayor said one hallmark of her daughter who was about to
marry, either by name or nature. For example, he said, "I marry you to my daughter who first or who named ..." (Al-Mughni, 7:444).