SAEDNEWS: According to the legal and jurisprudential system of Islam, the formation of a marriage (whether permanent or temporary) requires the recitation of a specific marriage contract (Sigha), which must meet certain conditions.
According to SAEDNEWS, one of the issues under discussion in this regard is the possibility of reciting the marriage contract (Sigha) in a language other than Arabic, such as Persian, which has different opinions among religious authorities.
General Principles:
The marriage contract in Islam requires an explicit verbal declaration of consent, which clearly indicates the approval of both parties. This contract must, in the context of customs and language, undoubtedly convey the establishment of marriage.
Opinions of Religious Authorities:
Imam Khomeini (RA): In Tahrir al-Wasila, he states that, as a precaution, the marriage contract should be recited in Arabic, except in cases where an individual is unable to pronounce Arabic correctly. In such cases, they may recite it in another language (such as Persian), provided that the words used precisely correspond to the meanings of the Arabic terms. He does not consider appointing a proxy necessary if the individual is capable.
Ayatollah Khamenei: He believes that if individuals cannot recite the contract in correct Arabic, they may recite the marriage contract in Persian or any other language, as long as the words used precisely convey the meanings of "Zawajt" and "Qabilt." He also does not consider appointing a proxy necessary.
Ayatollah Behjat: He considers it absolutely permissible to recite the contract in Persian or any other language, even if the person is capable of reciting it in Arabic.
Ayatollah Tabrizi and Fadhil Lankarani: In cases where an individual is unable to recite the contract in Arabic, they consider it obligatory to appoint a proxy, unless appointing a proxy is not possible. In such cases, reciting the contract in another language is permissible.
Important Notes: Most contemporary religious authorities (such as Ayatollah Sistani, Makarem Shirazi, Nouri Hamadani, and Vahid Khorasani) share the opinion of Ayatollah Khamenei.
If the contract is recited in Persian, the words must be such that they exactly correspond to the meanings of the Arabic terms, and there should be no ambiguity in the establishment of the marriage.
For a temporary marriage, in addition to the contract, the exact duration and dowry must also be specified.
