Chapter One

In a permanent marriage there must be a contract consisting of an offer and acceptance using correct Arabic words in the past grammatical tense, like the Arabic words " ZAWWAJTU" and "ANKAHTU" and " QABILTU" or according to a necessary Ihtiyat appoint some one else to pronounce the contract terms in their behalf if the parties themselves are not able to say in correct Arabic words. The translation of such words is also enough, provided, the parties are not able to say them in Arabic, according to a necessary precaution, also in the case of inability, making gestures, pointing or by such means, is considered enough. If some woman marries by herself it is valid, in the case of a virgin because of a necessary precautionary rule, permission of the guardian, father and/or grandfather is required; except if the guardians prevent her from marrying her match according to the point of view of Shari'a and common sense in which case the authority of the guardian is void. If a virgin marries without the permission of the guardian and then he approves the marriage contract, it is valid without objection.

Rule (1228) In the case of a permanent marriage the terms to be used to form the contract are as follows): If the female says," Zawwaj tu ka nafsi bi Mahr 'x' amount of money, n and the male says, n Qabiltu n it is enough, if the female has appointed a proxy he says to the party "Zawwajtuka Muwakkilati, 'H' Bil Mahr of 'x' amount of money," and the male says, "Qabiltu." If the male has appointed a proxy the female says to male's proxy "Zawwajtu Muwakkilaka 'z' Nafsi for a Mahr of 'x' amount of money," and the proxy says, n Qabiltu," if both parties have appointed proxy the female's proxy says to male proxy," Zawwajtu Muwakkilaka 'y' Muwakkilati 'z' for 'x' amount of money," and male's proxy says, n Qabiltu." It is lawful that one person acts as proxy for both parties even the male party himself can do so but according to an optional precautionary rule the would-be husband should not become a proxy of the would-be wife and accept the offer for himself

Rule (1229) For the validity of the marriage contract it is not necessary to have people witness the formation of marriage contract. A claim of marriage without testimony is not of any value, if the defendant takes oath even if the parties agree on having sex. If the defendant refuses to take oath, the plaintiff is asked to take oath and judgment is issued on this basis. A professing party is made to stand up to his statement in all cases. If the parties agree on marriage they are married.

Rule (1230) The words of father are accepted in specifying the female in several sisters, if she is not specified in the contract and the male has seen them all if he has not seen them all the contract is void. It is preferable for one who wants to marry, to choose a chaste, virgin, of noble descent, pray two Rak'at prayer at the time of getting married and pray with this prayer, n O Lord, I want to marry; destine for me a chaste woman who safeguards myself and my property and who has great degree of blessings ", and say this when placing one's hand on bride's forehead, " O Lord, according to your Book I have married her, in Your trust I have taken her in marriage and by means of Your words I have made her sexual pleasures lawful, if You destine a child in her womb make him a perfect Muslim, do not make him a partner of Satan," and ask her to do the same and ask Allah to grant him a male child.

Rule (1231) It is detestable to form marriage contract when constellation Scorpio according to Zodiac system is very close to the moon, to marry a barren woman, to have sex in the night of moon eclipse taking place and the day of sun eclipse, at the beginning of noontime except Thursday, at sunset before the disappearance of the bright spot in the western horizon, at the end of month when the moon is not observable anywhere, after dawn before sunrise, at the first night of the month except the month of Ramadan, at night in the middle of the month, at the time of earthquake, at the time of coming of the yellow winds and black winds, when facing the direction of Qibla or when one's back is toward Qibla, when on board of a ship, when naked, after a dream of having sex, before taking shower, looking at the private organ of woman, talking anything other than praises of Allah, withdrawing before discharge from a free wife - as opposed to a slave girl - without her permission and at the night in which one arrives from a journey. It is unlawful to have sex with a wife before she is nine years old.

Rule (1232) It is lawful for a man to look at the woman whom he intends to marry as well as at the hands and faces of non-Muslim woman without lust and according to necessary Ihtiyat one must not look at other than their hands and faces, also careless women who do not listen when they are told to observe (Hijab) Islamic dress for woman and the relatives with whom marriage is not lawful forever because of blood relations or matrimony or breast-feeding, provided it is without lust in all cases. It is unlawful to look at the women other than those just mentioned, and a girl who is less than nine years but is able to discern good from bad even without lust also, besides the face and hands which is unlawful with lust. Of the non-relatives is one's wife's sister and one's stepdaughter before having sex with her mother.

It is unlawful for women to look at non-relative men. according to precautionary rule except the face, hands, neck and feet. Their looking to men's these places, apparently, is lawful, provided, it is without lust and doubtful feelings, without it, it is a precaution not to look, the same rule applies to looking with lust, even at one's own kind and the same rule also applies to touching of men and women of each other in case of non-relatives. It is lawful for a man to look at or touch a minor girl and women's touching or looking at a minor boy without lust in all cases, but with lust it is unlawful in all cases.

Rule (1233) It is obligatory for a woman to cover herself from others except her relatives, besides her hands and face. In fact, because of precaution even hands and face must be covered from all others except the husband; even relatives when it comes to looking with lust, according to precautionary rule. It is not necessary for men to cover in general.

Rule (1234) It is lawful to listen to the voice of a non-relative woman without lust.