Tazwij (contracting a marriage, and who may contract it)

التزويج

Tazwij is a contract that gives a man enjoyment of a woman and makes lawful her enjoyment by him in a lawful way. Its ruling varies with the person: obligatory, forbidden, disliked, recommended or permitted. A free, adult, sound-minded man may contract his own marriage; a minor or a madman is contracted by his guardian by compulsion. On a woman contracting her own marriage the jurists differ: most require a guardian, while the Hanafis let an adult sane woman contract for herself. 1 2 3 4

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Summary

Tazwij is a contract that gives a man enjoyment of a woman and makes lawful her enjoyment of him in a lawful way; its ruling varies with the person. 1 2

Definition and ruling

In the language, tazwij is joining one thing to another, and zawaj is the name for the contract. The Hanafis define it as a contract that gives a man enjoyment of a woman and makes lawful her enjoyment of him in a lawful way. 1 It is obligatory or a duty when a man is sure he will fall into unlawful intercourse without it and can provide dower and maintenance; forbidden when he is sure he will not discharge its duties and will harm the woman; disliked when he fears injustice for lack of means; recommended for one of balanced nature; permitted in the view of the Shafi'is. 2

Who may contract it

All agree that a free, adult, sane and sound man may contract his own marriage without anyone's leave, or appoint an agent, or contract for another by guardianship or agency. A minor or a madman is contracted by the guardian (father, grandfather or executor) by compulsion where it is in his interest. A profligate may not marry without his guardian's leave in the Malikis and Shafi'is view; the Hanafis and Hanbalis allow it. 2

A woman contracting her own marriage

Most jurists hold that an adult, sane, free and sound woman may not contract her own marriage; her guardian does, on the hadith that there is no marriage without a guardian, and on the report that a marriage made without a guardian's leave is void. She may not contract for another woman. 3 A virgin may be compelled by the guardian, though her leave is recommended. A previously married young woman is not married until she is adult and asks her leave, in the Shafi'i view. A previously married adult woman may not be married without her leave and consent, on the hadith that the previously married woman has more right over herself than her guardian. 3 The Hanafis do not allow compelling an adult woman, virgin or not; she contracts for herself with her consent, and the guardian is asked to act so that she is not thought forward. A minor girl may be compelled by her guardian, and a madwoman may be compelled by all. 4

People and things also explored

Joy and gladness (al-farah wal-surur)· Hardship and fear of sin ('anat) in marrying a slave-woman· Shahwa (desire: its effect on touch and ablution, on fasting and pilgrimage, on looking, on marriage by touch and on the breaking of the marriage bond)· Shakk (doubt in law: its kinds, the rule that certainty is not removed by doubt, and its effect on worship, contracts, penalties and evidence)· Ghadd al-basar (lowering the gaze)· Hadiyya (gift)· Hajr (abandonment and shunning: its rules for a believer, a sinner, an innovator and a wife)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5022
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5023
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5024
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5025
Cite this page

islam.museum contributors. “Tazwij (contracting a marriage, and who may contract it)”. islam.museum, https://islam.museum/en/concept/tazwij-marriage-contracting/. CC BY-SA 4.0. Last updated 2026-10-23.

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Joy and gladness (al-farah wal-surur)

Sheikh Omar Abdelkafy sets out joy and gladness: surur as gladness free from grief, the blameworthy farah linked with pride and boasting, faith as the greatest source of gladness, happiness sought through piety and contentment rather than travel or wealth, and a cheerful face as a prophetic manner.