Wife's name not mentioned during marriage contract

18-10-2009 | IslamWeb

Question:

If the name of my wife never mentioned during marriage contract by her father is the marriage contract annulled or is it ok, for your information I have seen her before the asked and we have a marriage certificate before contract.
What if I cannot decide if I meant Talaaq or not when I said Kinaya word in some situations, what is the solution for this?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

Among the conditions of a correct marriage is defining who the bride is, however, if this woman with whom you signed the marriage contract was known before the contract, then there is no harm in not mentioning her name when conducting the contract, and the marriage contract is valid.

As regards mentioning some expressions that are a metaphor for divorce and you are doubtful whether or not you meant divorce, then in principle divorce does not take place, especially that metaphors for divorce are not mainly used for divorce, rather these expressions could mean divorce and could mean other things, so one has to be very precise as to what his intention is, as noted by Kamal Ad-Deen As-Siwaasee who is from the Hanafi school.

Allaah Knows best.