Nikah is properly recited and pronouncing under some conditions that are highlighted below:
- Nikah must be pronounced in Arabic. If the couple cannot speak Arabic then its okay to pronouncing Nikah in their own language. But the words used in translation must strictly convey the meaning of “Zawwajtu” and “Qabiltu”.
- 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. pronouncing
- The individual, who pronouncing the Nikah, whether he pronounces it for himself or has been betrothed by some other person as his spokesperson, should be sane, and as a safety measure, he should be baligh also.
- If the Nikah is pronouncing by the representatives or the guardians of the man and the woman, they should classify the man and the woman by uttering their names or making understandable 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.
- The woman and the man should be willing to enter into a marital agreement. If, however, the woman apparently displays uncertainty while giving her approval, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.