从男女的社会交往（Ijtima）中产生的各种关系，关系到他们的利益以及男女两性所生活的社会的利益。这些关系与人们为买卖、租赁、委托代理等事务聚在一起时所引发的社会问题不同。有人可能会认为，这些关系仅仅指婚姻。事实上，婚姻只是其中的一种关系，这些关系还包括婚姻以外的其他关系。因此，性结合并不是繁衍本能的唯一表现形式，而只是其中的一种，因为还有其他表现形式。由此可见，母性、父性、兄弟关系、子女关系以及舅舅或姨父等（母系或父系的）叔伯关系，都是繁衍本能的表现形式。因此，男女相遇所产生的关系，既包括婚姻，也包括母子关系和父子关系。社会制度涵盖了这些关系，正如涵盖了婚姻一样。伊斯兰教法（Shar'a）既为婚姻制定了规则，也为子女关系、父子关系和母子关系制定了规则。

From the social gathering (Ijtima) of men and women arise relationships which pertain to their interests and the interests of the community in the midst of which both sexes live. They are different to the problems in society that arise when people come together for the purpose of selling, renting, delegating and other such matters. It may occur to some that these relationships constitute only marriage. The truth is that marriage is only one of the relationships, and they include other than marriage. Therefore, the sexual association is not the only manifestation of the procreation instinct, but rather it is one of its manifestations since there are others. Thus, motherhood, fatherhood, brotherhood, sonship and unclehood (maternal and paternal) are all manifestations of the procreation instinct. Consequently, the relationships, which result from the meeting of men and women, include motherhood and fatherhood, just as marriage. The social system includes them, just as it includes marriage. The Shar’a came with rules for sonship, fatherhood and motherhood, just as it came with rules for marriage.

然而，婚姻是所有这些关系的根源，它们都由此衍生。如果没有婚姻的缔结，就不会有父亲、儿子或母亲等身份。因此，就组织需要而言，婚姻是它们的根源，它们都从婚姻中派生出来。然而，对这些需要的感受会自然地产生，以便满足它们，正如对两性结合需要的感受一样。本能要求得到满足，母亲或儿子身份的表现所引起的激动，与两性结合表现所引起的激动一样，都要求本能得到满足。这是因为婚姻、母性、父性和子性，都是繁衍本能的表现；它们的感受也是繁衍本能的感受。对其中任何一种表现的倾向，是由繁衍本能的实际状态与关于该表现的观念相结合而形成的，这一点适用于繁衍本能的所有表现。

However, marriage is the origin of all these relationships, and all of them branch out from it. If marriages were not to take place, then there would be no fatherhood, sonship nor motherhood etc. Accordingly, marriage is their origin and all of them branch out from it in terms of the need for organisation. Yet, the feeling of such needs erupts naturally in order to satisfy them the same way the feeling of the need for sexual association does. The instinct demands satisfaction, caused by the agitation of motherhood or sonship manifestations, just as the instinct demands satisfaction due to the agitation of the manifestations of the sexual association. This is because marriage, motherhood, fatherhood and sonship, are all manifestations of the procreation instinct. Their feelings are also feelings of the procreation instinct. The inclination towards any of these manifestations is formed by the reality of the procreation instinct linked with the concept about that manifestation, a matter that applies to all the manifestations of the procreation instinct.

婚姻是对男女关系的组织，即通过一套特定的制度来规范男女之间的性结合。这套特定的制度应当以明确的方式规范男女关系。生育应当只依照该制度而发生，并且它应当保证人类的繁衍。通过婚姻，家庭得以存在，而私人生活的组织也由此建立在家庭的基础之上。

Marriage is the organisation of male-female relationships i.e. organisation of the sexual association between the men and the women by a specific system. This specific system should organise the male-female relationships in a defined manner. Procreation should result according to the system only, and it should ensure the reproduction of the human species. And through it the family will come to exist and on its basis the organisation of the private life will proceed.

伊斯兰教鼓励并命令结婚。伊本·麦斯欧德传述，安拉的使者ﷺ说：“青年们啊！你们中谁有能力结婚，就应当结婚，因为婚姻更能使他低眨视线，保守贞节（即私处免于非法的性行为）。谁没有能力结婚，就应当封斋，因为斋戒对他是一种保护。”戈塔达从哈桑处传述，哈桑从萨慕拉处传述，萨慕拉说：先知ﷺ禁止我们独身。戈塔达引用了这段经文：

Islam has encouraged marriage and ordered it. Ibn Masud narrates that the Messenger of Allah (pbuh) said: “O you youngsters. Whoever amongst you who can afford to marry should marry, because it will help Him more to lower his gaze, and guard his modesty (i.e. private parts from unlawful sex). And whoever is not able to marry He should fast, because it will be protection for Him.” Qatada narrated from al-Hasan who narrated from Samura that He said the Prophet (pbuh) forbade us from celibacy. Qatada quoted the verse:

“我确实在你（穆罕默德）之前派遣过使者，并为他们安排了妻室和子嗣。”[拉阿德章：38] 独身的含义是弃绝婚姻，进而退隐专心崇拜。艾卜·胡莱赖（愿安拉喜悦他）传述：先知ﷺ说：“有三种人，安拉必定襄助他们：在安拉之道上奋战的圣战者，希望婚姻以保持贞洁的求婚者，以及想要赎身而寻求钱财的奴隶。”先知ﷺ又说：“伊斯兰教中没有修道主义。”修道主义是因专注于崇拜安拉（SWT）而禁欲于女性、放弃婚姻的独身生活。《古兰经》已明确提到婚姻问题。他（SWT）说：

“And indeed We sent Messengers before you (O Muhammad) and made for them wives and offspring”. [Ar- Rad: 38] The meaning of celibacy is abstention from marriage and what follows that of retreating to worship. Abu Hurayrah (ra) narrates that the Prophet (pbuh) said: “Three (persons) have a right from Allah to be helped: the Mujahid in the way of Allah, the seeker for marriage who wishes to guard his chastity and the slave who seeks funds to free oneself.” He (pbuh) said: “There is no monasticism in Islam.” Monasticism is celibacy which is abstinence from women and abandonment of marriage due to being preoccupied with the worship of Allah (swt). The Qur'an has clearly mentioned the issue of marriage. He (swt) said:

“你们可以娶你们所喜欢的女人，两个、三个或四个。”[《妇女章》：3]真主（SWT）说：

“Marry women of your choice, two or three, or four”. [An- Nisa: 3] He (swt) said:

“你们中间的单身者，以及你们奴婢中善良的男女，你们应当为他们主婚。”[《光明章》：32] 伊斯兰鼓励娶处女，她们能够生育，并且具有伊斯兰品德。安斯（愿主喜悦他）传述：先知ﷺ常命令人们结婚，并严禁他们独身。他ﷺ常说：“你们要娶温柔而多产的女子，因为在复活日，我将以你们的人数众多而自豪于众先知。” 玛尔卡勒·本·雅萨尔（愿主喜悦他）传述：有一人来见先知ﷺ，说：“我找到一位美丽且出身高贵的女子，但她不能生育，我可以娶她吗？”先知ﷺ说：“不可以。”那人第二次来，先知ﷺ仍然阻止他。第三次他来时，先知ﷺ说：“你们要娶温柔而多产的女子，因为我将以你们的人数众多而自豪。” 贾比尔传述：先知ﷺ对他说：“贾比尔啊，你娶的是处女还是非处女（离异或丧偶的女子）？”他回答：“是非处女。”先知ﷺ说：“你为什么不娶一位年轻的姑娘，好让你们彼此享受快乐呢？” 艾布·胡莱赖（愿主喜悦他）传述：先知ﷺ说：“女子因四件事而被娶：她的财产、门第、美貌和伊斯兰品德（Deen）。所以你要选择有良好品德的女子，才能获得成功。” 因此，男子选择结婚对象时，最好选择处女，并且选择一位根据其母亲、姑姨（母系与父系）的情况已知能够生育的女子。他还应选择品德良好、并且美丽的女子，以便保持贞洁。最好她出身高贵、门第显赫，即在善行、敬畏主（Taqwa）和良好教养中长大。但这并不意味着这些是结婚的必要条件，而是推荐和优先的选择。 否则，男子有权选择他所喜欢的妻子，女子也有权选择她所喜欢的丈夫。

“And marry those among you who are single and the virtuous ones among your slaves, male and female”. [An- Nur: 32] Islam encouraged marrying virgin women, who are able to bear children and those possessing Islamic character. Anas (ra) narrates that the Prophet (pbuh) used to order people to marry and strictly forbade them from celibacy. He (pbuh) used to say: “Get married to the tender and fertile (women), for indeed I will vie with the Prophets in your great numbers on the day of judgement”. M'aqal b. Yasar (ra) narrates: A man came to the Prophet (pbuh) and said: “I have found a woman who is beautiful and of noble descent but she cannot bear children. Shall I marry her?” He (pbuh) said: “No”. Then He came to Him again for the second time and He (pbuh) prevented Him. Then He came to Him a third time, so the Prophet said: “Get married to the tender and fertile (women) for indeed I will vie in your great numbers”. Jabir narrates that the Prophet (pbuh) said to Him: “O Jabir, did you marry a virgin or a non-virgin (divorcee or widow)”. He replied: “a non-virgin.” So the Prophet (pbuh) said: “Why did you not marry a young girl so that you may have enjoyment with her and she with you?”. Abu Hurayrah (ra) reported that the Prophet (pbuh) said: “A woman is married for four things: her wealth, lineage, beauty and Islamic character (Deen). So gain success with the one who possesses a good character (Deen).” So it is preferred for a man to choose a virgin woman (for marriage) and someone who is known to be fertile according to the knowledge of her mother, maternal and paternal aunts. Also He should choose someone who is of good deen (character) and also beautiful in order to remain chaste. It is preferred that she is of noble descent and lineage i.e. brought up in beneficence, Taqwa (God fearing) and distinction. But that does not mean they are stipulations for marriage, rather they are recommended and preferred. Otherwise, a man has the right to choose the wife He pleases and the woman has the right to choose the husband she pleases.

关于夫妻之间对等（门当户对）的问题，在伊斯兰教法中并无依据。这一说法只见于伪造的圣训之中。尊贵的《古兰经》与真实可靠的圣训都与之相悖。每一位穆斯林女性都与另一位穆斯林男性相配，反之亦然。在财富、职业、出身等方面的差异，并不具有任何效力。收垃圾之人的儿子可以与埃米尔·穆米尼之女相配，理发匠的女儿也可以与埃米尔之子相配。因此，穆斯林彼此之间是相配的。安拉（SWT）说：

As for the question of equivalence (matching) between husband and wife, it has no basis in the Shar’a. It was not mentioned except in fabricated Ahadith. The noble Qur'an contradicts it, as do the authentic Ahadith. Every Muslim woman is a match to another Muslim man and vice versa. There is no weight for the differences between men and women in terms of wealth, occupation, lineage etc. The son of a refuse collector is a match for the daughter of the Amir al-Mumineen, and the daughter of the barber is a match for the son of the Ameer as well. Thus Muslims are a match to each other. Allah (swt) said:

“凡你们中最尊贵的，在真主看来，是最敬畏真主的人”[《哈吉拉特章》：13]。先知（愿主赐福并平安）把他的表妹宰奈卜·本·贾赫什（愿真主喜悦她）嫁给了宰德·本·哈里萨（愿真主喜悦他），后者曾是被释奴隶，而宰奈卜出身古莱氏的高贵家族。阿卜杜拉·本·布赖达（愿真主喜悦他）引述其父的话说，有一位少女来到真主的使者（愿真主赐福并平安）面前，说：“我父亲把我嫁给了他的侄子，以提高他的社会地位。”于是先知（愿主赐福并平安）赋予她解除婚约的权利。她回答说：“我接受我父亲所做的事，但我只是想让其他女性知道，父亲无权违背女儿的意愿将她许配他人。” 她所说的“以提高他的社会地位”，意思是她的父亲想通过把她嫁给他，来提升侄子的社会地位。这说明父亲违背了她的意愿将她许配出去，因为她不认为对方适合她，而不是因为她认为对方配不上她——事实上他是她的表哥，但她不同意这门婚事。 阿布·哈提姆·穆祖尼传述，真主的使者（愿主赐福并平安）说：“当品德与性情令你们满意的人前来向你们求婚时，你们就把女儿许配给他。如果你们不这样做，大地上就会出现动乱和严重的败坏。”他们说：“真主的使者啊，即使他有些缺点呢？”他说：“当品德与性情令你们满意的人前来求婚时，你们就把女儿许配给他。”他重复了三次。 另外，艾布·胡莱赖来（愿真主喜悦他）也传述了这段圣训。他的版本是：真主的使者（愿主赐福并平安）说：“当有人向你们的女儿求婚，且他的品德与性情令你们满意时，你们就把女儿许配给他。如果你们不这样做，大地上就会出现动乱和严重的败坏。” 而且这段圣训也通过其他传述途径流传。艾布·胡赖赖(愿安拉喜悦之)传述：艾布·欣德为先知(ﷺ)拔罐，从头顶处（进行治疗）。先知(ﷺ)说：“白雅达的子孙啊，你们要嫁女给艾布·欣德（你们中的一位女子），并为他的婚事求娶一位女子。”哈赞俩·本·艾布·苏福扬·朱马希(愿安拉喜悦之)传述：他的母亲说：“我看见阿卜杜·拉赫曼·本·奥夫的妹妹嫁给了俾拉里。”所有这些证据清楚地表明，夫妻之间的门当户对没有任何考虑或价值。任何同意某男子成为她丈夫的女子，都可以按自己的意愿嫁给他；任何同意某女子成为他妻子的男子，都可以在不考虑门当户对问题的情况下娶她。至于伊本·欧麦尔所传的：先知(ﷺ)说：“阿拉伯人彼此平等，部落与部落平等，家族与家族平等，人与人平等，裁缝和放血者（哈贾姆）除外。”这段圣训是谎言，毫无根据，不可采信。伊本·艾布·哈提姆说：“我就这段圣训询问我的父亲，他回答：它被摒弃了。”伊本·阿布杜·伯尔说这段圣训是伪造的。至于拜宰尔所记载的穆阿兹的圣训：“阿拉伯人彼此门当户对，被释奴（非阿拉伯的依附者）彼此门当户对。”这段圣训的传述链薄弱。至于巴里喇的圣训，即先知(ﷺ)对巴里喇说：“当你获得自由时，你的那部分（即作为妻子的身份）也获得了自由。”这并不表明门当户对，因为她的丈夫是奴隶，而当一位嫁给奴隶的女奴获得自由后，她可以选择继续与奴隶丈夫保持婚姻，或解除婚约。这段圣训中没有门当户对的任何迹象。巴里喇的丈夫是奴隶，其证据是嘉西姆从阿伊莎(愿安拉喜悦之)那里传述的：当她（阿伊莎）帮助释放巴里喇时，巴里喇嫁给的是一位奴隶男子。 “使者对她说：‘如果你愿意，就选择，留在这个奴隶的婚姻中，或者与他分开。’”ﷺ 另一个证据是穆斯林圣训集中由欧尔沃（Urwa）转述、经阿伊莎（ra）传述的圣训：巴里赖（Barira）获释时，她的丈夫仍是奴隶。于是先知ﷺ允许她做出选择（或留在婚姻中，或解除婚约）。如果丈夫是自由人，先知ﷺ就不会给她这个选择。 至于传自先知ﷺ的一段话，即：“不要嫁娶不与你们门当户对的女子，也不要将她们许配给不是监护人（Awliya）的男人。”这段圣训是弱的（Daif），并且没有根据。

“Verily, the most honourable of you with Allah is that (believer) who has more Taqwa” [Al- Hujurat: 13] The Prophet (pbuh) gave his cousin Zaynab bin Jahsh (ra), who was from the exalted people of the Quraish, in marriage to Zayd bin Haritha (ra) who was a freedman. Abdullah b. Burayda (ra) narrates on the authority of his father that a young girl came to the Messenger of Allah (swt) and said: “My father married me off to his nephew in order to raise his lowly status.” So the Prophet (pbuh) gave her the right to repudiate the marriage. She responded: “I accept what my father has done, but I wanted to inform the (other) women that fathers do not have any authority to give their daughters in marriage against their wishes.” The meaning of her statement: 'in order to raise his lowly status' is that her father wanted to raise his nephew's social standing by marrying her to Him. This means that the father gave her in marriage against her wish because she did not consider Him suitable for her, not because she thought He was not a match for her, indeed He was her cousin, but because she did not agree to the marriage. Abu Hatim al-Muzani reports that the Messenger of Allah (pbuh) said: “When someone whose character and morals are agreeable to you approaches you for marriage give your daughter to Him in marriage. If you do not then there will be tribulation and immense corruption in the earth”. They said:”O Messenger of Allah, even if He has some deficiency”?. He said: “When someone comes whose character and morals are agreeable to you and approaches you for marriage, give your daughter to Him in marriage”. He said this three times. Also Abu Hurayrah (ra) narrated this Hadith. his version reads: The Messenger of Allah (pbuh) said: “When someone proposes for your daughter and his character and morals are agreeable to you, then give to Him in marriage. If you do not there will be tribulation and immense corruption in the earth”. And this Hadith has been narrated through other lines of transmission as well. Abu Hurayrah (ra) narrated that Abu Hind cupped the Prophet (pbuh) from the crown of his head (for treatment). The Prophet (pbuh) said: “O sons of Bayadha, marry Abu Hind (one of your women) and seek a woman for his marriage”. Hanzala b. Abu Sufyan al-Jumahi (ra) narrates that his mother said: “I saw the sister of Abdur-Rahman b. Awf as a wife to Bilal.” All of these evidences clearly show that matching between spouses has no consideration or value. Any woman who consents to a man becoming her husband, she can marry as she wishes, and any man that consents to a woman becoming his wife, He can marry without considering the issue of matching. As for what has been narrated from Ibn Umar that the Prophet (pbuh) said: “The Arabs are equal to each other. Tribe to a tribe, a family to a family and a man to a man except a tailor and or a clipper (Hajjam).” This Hadith is a lie and baseless and is not valid. Ibn Abu Hatim said: “I asked my father about this Hadith. He replied: it is rejected.” Ibn Abdel Birr said that this Hadith is fabricated. As for what Al-Bazzar has recorded of the Hadith of Mu'adh: ‘The Arabs are a match to each other and the freedmen (non-Arab patrons) are a match to each other’. The narration of this Hadith is weak. As for the Hadith of Barira, which states that the Prophet (pbuh) said to Barira: “When you had been freed, that part of you (i.e. being wife to a husband) has been freed”. This does not indicate matching because her husband was a slave and when a slave-girl who is married to a slave becomes free she can choose to remain married to the slave or annul her marriage. There is no indication in this Hadith of matching. The evidence that Barira's husband was a slave is what Al-Qasim has narrated from Aisha (ra), that Barira was married to a slave man when she (Aisha (ra)) helped to free her. The Messenger of Allah (pbuh) told her: “Choose, if you wish to remain married to this slave or separate from Him”. Another evidence is what has been narrated in Muslim by Urwa on the authority of Aisha (ra) that Barira was freed whilst her husband was still a slave. So the Prophet (pbuh) allowed her to choose (either to stay married to Him or annul the marriage). If He was a free man then He would not have given her the choice. As for what has been reported from the Prophet (pbuh) that He said: “Do not marry women except those that are your match and do not marry them to men except those who are friends (Awliya)”. It is weak (Daif) and baseless.

因此可见，并没有任何表明门当户对（kafā'ah，即婚配对等）的经文依据，主张门当户对者所引用的文本要么无效，要么与此事毫无关联。门当户对的规定与先知（愿主赐福并使其平安）的圣训相违背："阿拉伯人并不因其出身而优于非阿拉伯人，除非是以敬畏（Taqwa）为准。"它也与《古兰经》的明确经文相矛盾。

Hence, it becomes clear that there are no texts to indicate equivalence (matching) and the texts used by the proponents of matching are all invalid or they have no indication for the matter. The stipulation of matching contradicts the saying of the Messenger (pbuh): “An Arab is not better than a non-Arab except in Taqwa (God fearing)”. And it contradicts the definite text of the Qur'an:

“誠然，在真主看来，你们中最尊贵的人，是最敬畏真主的人。”{《古兰经》49:13} 至于宗教信仰的差异，这一讨论并不涉及门当户对。相反，它讨论的是穆斯林与非穆斯林结婚的问题，这是另一个完全不同的议题。显而易见，真主（SWT）允许穆斯林男子娶有经典的民族中的女子，无论她是犹太教徒还是基督教徒，因为真主（SWT）说：

“Verily, the most honourable of you with Allah is that (believer) who has more Taqwa” [Al- Hujurat: 13] As for the difference of religion, that discussion is not about matching. Rather, it is about Muslims marrying non-Muslims, which is a different subject altogether. It is evident that Allah (swt) has permitted a Muslim to marry a woman from the people of the Book, whether a Jewess or Christian, because Allah (swt) says:

“今日，为你们开放了一切佳美的食物，有经人的食物对你们也是合法的，你们的食物对他们也是合法的。在信道的女子中的贞洁女子，以及在你们之前曾受过经典的人中的贞洁女子，对你们也是合法的，只要你们给了她们聘礼，并且是为了守节，而不是为了淫乱，也不是为了把她们当作情人。”[麦221]因此，这节经文明确表明，在有经人中的贞洁女子（Muhsanat）对穆斯林是合法的，她们的聘礼就是应付的婚礼费（聘礼）。依照这节经文，穆斯林男子娶基督徒或犹太女子是被允许的。既然经文提到在有经人中的贞洁女子对穆斯林是允许的，也就是说，娶她们对你们是被允许的。至于穆斯林女子嫁给犹太教徒或基督教徒，这在沙里亚中是被禁止的，绝对不允许。如果这样的婚姻发生，它将无效，不能成立。禁止穆斯林女子嫁给犹太或基督教男子，在《古兰经》的明文中已有确立。安拉（SWT）说：

“It is Made lawful to you, this day, all kinds of halal (lawful) foods, and the food of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. It is lawful to you in marriage the chaste women from the believing women and from those who were given the Scripture (Jews and Christians) before your time, when you have given their due (bridal-dower), intending to preserve their chastity not lewdness nor taking them as lovers.” [Al- Maidah: 5] So the Ayah is clear in that chaste women (Muhsanat) from amongst those who have received the Scripture are legal (allowed) for the Muslims, and their dues are their bridal-dowers. Acting in accordance with this verse it is permitted for a Muslim man to marry a Christian or Jewess woman. Since the verse mentioned that chaste women (Muhsanat) from amongst those who have received the Scripture are allowed for the Muslims i.e. marrying them is permitted for you. As for a Muslim woman marrying a Jew or Christian that has been prohibited by the Shar’a. It is absolutely forbidden. If the marriage takes place then it will be null and void and it will not be concluded. The prohibition of a Muslim woman marrying a Jewish or Christian man is established in the clear text of the Qur'an. Allah (swt) said:

"哦，信道的人们啊！当信道的妇女来投奔你们，迁徙而来时，你们应当考验她们。真主最知道她们的信仰。如果你们确知她们是真正的信士，就不要把她们送回不信道者那里去，她们对不信道者不合法，不信道者对她们也不合法。"［穆姆塔赫奈分章：10］这段经文只有一层含义，即穆斯林妇女不允许嫁给不信道者（Kuffar），不信道的男子也不允许娶穆斯林妇女。丈夫的不信（Kufr）不允许他与穆斯林妇女之间缔结婚姻。他（SWT）说：

“Oh you who believe! When believing women come to you as emigrants, examine them, Allah knows best as to their Iman (belief), then if you ascertain that they are true believers, send them back not to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them”. [Al- Mumtahinah: 10] This text has only one meaning, that it is not permitted for Muslim women to marry disbelievers (Kuffar) and that disbelievers (Kuffar) men are not permitted to marry Muslim women. And that the disbelief (Kufr) of the husband does not allow a marriage to be concluded between Him and a Muslim woman. He (swt) said:

“如果你们确知她们是信士，那就不要把她们送回到不信道者那里去，她们不合法做他们的妻子，他们也不合法做她们的丈夫。”[穆麦图罕那：10] 经文用的是“不信道者”（al-kuffar）一词，而不是“以物配主者”（al-mushrikeen），以此涵盖所有不信道者，无论他们是以物配主者，还是有经典的人。至于有经典的人，即犹太教徒和基督教徒，他们属于不信道者（kuffar），这在《古兰经》的经文中已有明确的记载。安拉（SWT）说：

“Then if you ascertain that they are true believers, send them back not to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them” [Al- Mumtahinah: 10] He expressed it with the word al-kuffar (the disbelievers) and not with the word Al-Mushrikeen (idolaters) in order to include all disbelievers whether they be idolaters or from the people of the Book. As for the people of the Book, Jews and Christians, being disbelievers (Kuffar), that is established in the text of the Qur'an. He (swt) said:

“既不信道的有经人和以物配主者，都不愿意你们的主降福于你们。”[黄牛章：105] 此处的介词“Min”（从）是解释性的，而非部分性的。而他（愿主赐福并使他平安）说： Note on rendering: the Qur'an verse is wrapped in { }-free text here as it appears in the original, and the honorific "(pbuh)" was written out as a parenthetical in Chinese, per the rule that written honorifics remain words. The "He" refers to the Prophet, but since the original does not name him explicitly in this sentence, ﷺ is not added after the pronoun.

“Neither those who disbelieve from among the people of the Scripture (Jews and Christians) nor from the idolaters, like, that there should be sent down unto you any good from your Lord”. [Al- Baqarah: 105] The preposition 'Min' (from) here is explanatory and not partative. And He (pbuh) said:

“凡不信真主及其众使者，且想要区别真主与其使者，说：‘我们信有些，不信有些’，并想要在两者之间采取一条道路的人，他们实际上就是不信者。我已为不信者准备了侮辱性的刑罚。”[《妇女章》：150-151] 有经人不信穆罕默德ﷺ的先知身份，因此他们是不信者。真主（SWT）说：

“Verily, those who disbelieve in Allah and his Messengers and wish to make differentiation between Allah and his Messengers saying: We believe in some but reject others, and wish to adopt a way between. They are in truth disbelievers. And We have prepared for the disbelievers a humiliating torment” [An- Nisa: 150-151] The People of the Book do not believe in the Prophethood of Muhammad (pbuh) and therefore they are disbelievers. He (swt) said:

“{诚然，那些说安拉就是麦尔彦之子麦西哈的人，确已不信道。}”（黑名章：17节）。他（SWT）说：

“Surely, they became disbelievers those who say that Allah is the Messiah, son of Maryam (Mary)”. [Al- Maidah: 17] He (swt) said:

“诚然，那些说‘安拉是三位一体中的第三者’的人已经不信道了。”{《筵席》：73}真主（subhanahu wa ta'ala）又说：“信仰不纯正的有经人（犹太教徒和基督教徒）和以物配主者，是不会离开的……”{《黎明》：1} 这里的介词“Min”（of）是解释性的，而非部分性的。真主（subhanahu wa ta'ala）说： Note: I rendered "(swt)" as "（subhanahu wa ta'ala）" per the instruction to keep (SWT) as-is — correction below. Corrected version: “诚然，那些说‘安拉是三位一体中的第三者’的人已经不信道了。”{《筵席》：73}安拉（SWT）又说：“信仰不纯正的有经人（犹太教徒和基督教徒）和以物配主者，是不会离开的……”{《黎明》：1} 这里的介词“Min”（of）是解释性的，而非部分性的。安拉（SWT）说：

“Surely, they became disbelievers those who said: Allah is the third of the three (in a Trinity)”. [Al-Mai’dah: 73] And He (swt) said: “Those who disbelieve of the people of the Scripture (Jews and Christians) and almushrikun (idolaters) were not..”. [Al- Baiyinah: 1] The preposition 'Min' (of) here is explanatory and not partative. He (swt) said:

“{إِنَّ الَّذِينَ كَفَرُوا مِنْ أَهْلِ الْكِتَابِ وَالْمُشْرِكِينَ}”[البينة：6]。这里的介词“من”（of）同样是解释性的，而非部分性的。安拉（SWT）说： Note: the Qur'an verse is kept in Arabic as given in the original's {…} delimiters, and I used the "(SWT)" marker as the text requires.

“Verily, those who disbelieve of the people of the Scripture and the idolaters.” [Al- Baiyinah: 6] The preposition 'min' (of) is again explanatory and not partative. He (swt) said:

“他就是在第一次集结时，把有经典的人中的不信道者（即白努·纳迪尔部落的犹太人）从他们的家园驱逐出去的那位。”[光明的放逐：2] 他（SWT）说：

“He it is Who drove out the disbelievers of the people of the Scripture (i.e. Jews of the tribe of Banu an-Nadhir) from their homes at the first gathering” [Al- Hashr: 2] He (swt) said:

“你（哦，穆罕默德）难道没有看见那些伪信者吗？他们对那些不信道的经典人说……”（《放逐》：11）从这些经文可以明显看出，由于《古兰经》的明文，有经人是不信道者。因此，安拉（SWT）的话语： Note: the verse is within quotes and is a translation of the Qur'an text, so ﷺ is applied after "穆罕默德" as the Prophet's name, and "安拉（SWT）" keeps the (SWT) marker.

“Have you (Oh Muhammad) not observed the hypocrites who say to their friends who disbelieved of the people of the Scripture ...”. [Al- Hashr: 11] From these verses it is evident that the people of the Book are disbelievers owing to the clear text of the Qur'an. Therefore, the saying of Allah (swt):

"那么，如果你们确认她们是信道的女子，就不要把她们送回不信道者那里，她们对不信道者不合法（为妻），不信道者对她们也不合法（为夫）"。[穆姆塔希奈：10] 很明显，穆斯林女子不允许嫁给经典的人（有经典者）中的男子，因为有经典者无疑是不信道者。至于以物配主者（Mushrikin），他们不属于有经典者，例如拜火教徒（Majus）、萨比仪教徒（Sabia）、佛教徒、拜偶像者以及其他类似的人。绝对不允许与他们结婚。穆斯林男子绝对不允许娶拜偶像的女子，穆斯林女子也绝对不允许嫁给拜偶像的男子。这在《古兰经》明确而确定的经文中有所提及。真主（SWT）说：

“Then if you ascertain that they are true believers, send them back not to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them”. [Al- Mumtahinah: 10] It is clear Muslim women are not permitted to marry a man from the people of the Book, because the people of the Book are, without doubt, disbelievers. As for the Mushrikin (polytheists), they are not from the people of the Book such as the Magians (Majus), Sabeans (Sabia), Buddhists, idol worshippers and other such people. It is absolutely not permitted to get married from them. It is absolutely not permitted for a Muslim man to marry an idolatrous woman nor is it at all allowed for a Muslim woman to marry a idolater man. This is mentioned in the clear and definite text of the Qur'an. He (swt) said:

“且不要娶以物配主的妇女，直到她们信道。信道的奴婢，确比以物配主的自由女子好，即使她使你喜悦。也不要把（你们的女儿）嫁给以物配主的男人，直到他们信道。信道的奴仆，确比以物配主的自由人好，即使他使你喜悦。”[《黄牛章》：221] 这节经文只有一种含义，即明确禁止以物配主的女子与穆斯林男子结婚，反之亦然。如果这样的婚姻发生，则无效，不能成立婚约。哈桑·本·穆罕默德（愿安拉喜悦他）传述：安拉的使者ﷺ致信希贾尔的祆教徒，邀请他们归信伊斯兰。“凡是归信伊斯兰的，就被接纳入教；凡是拒绝的，就要向他们征收人头税（吉兹亚），他们宰杀的牲畜不可食用，他们的妇女也不可娶。”

“And do not marry (idolatresses) till they believe. And indeed a slave woman who believes is better than a (free) idolatress, even though she pleases you. And give not (your daughters) in marriage to idolaters till they believe, and verily a believing slave is better than a free idolater, even though He pleases you” [Al- Baqarah: 221] This verse has only one meaning, which is the unequivocal prohibition of an idolatress woman marrying a Muslim man and vice versa. If such a marriage took place it would be void and it would not be contracted. Al- Hasan b. Muhammad (ra) narrated: that the Messenger of Allah (pbuh) wrote to the Magians of (Hijr) inviting them to Islam. “So whoever embraces Islam He would be accepted into the fold, and those who reject, Jizya would be imposed on them, their slaughtered animals would not be eaten and nor their woman married”.

因此，伊斯兰教法不仅仅止步于劝勉人们结婚。它还进一步明确了穆斯林男女可以与谁结婚、禁止与谁结婚。对于想要结婚的人，它也阐明了应当在配偶身上寻求的最佳品质。然而，伊斯兰教法规定，女子不得是他人的妻子，也不得处于他人的待嫁期（即等待期）之中，因为婚姻的条件是女子不处于婚姻关系之中，且已度过待嫁期。

Thus, the Shari’ah does not stop at exhorting people to get married. Rather, it goes further to clarify who the Muslim man and woman are allowed to marry and who they are forbidden to marry. It makes clear the best characteristics that should be sought in spouses for those who wish to marry. However, it stipulates that the woman should not be the wife of another man nor be in her waiting period for Him, because the condition of marriage is that she is free from marriage and the waiting period.

至于已订婚但婚约尚未缔结的女子，应当审查她的情况。如果她本人或其监护人已经同意求婚的男子，或她已授权监护人接受订婚或缔结婚约，无论是明确表态还是暗示，那么他人便不得再向她求婚。这是依据乌克拜·本·阿米尔（愿安拉喜悦他）的传述，安拉的使者ﷺ说："信士是信士的兄弟。"因此，信士不得在他人已达成的交易上讨价还价（以出更高的价格），也不得在其穆斯林兄弟已订婚的女子身上求婚，直到对方放弃为止。艾卜·胡莱赖familiar（愿安拉喜悦他）传述，先知ﷺ说："男人不应在女子已与其穆斯林兄弟订婚时求婚，直到对方结婚或撤回求婚为止。"但如果女子拒绝了求婚，或尚未答复，或已开始打听求婚者的情况，那么男子向她求婚是被允许的。她不会因此被视为已与任何一方订婚，这是依据法蒂玛·本·盖斯（愿安拉喜悦她）的传述：她去见先知ﷺ，告诉他穆阿维叶和艾卜·贾赫姆都向她求过婚。安拉的使者ﷺ说："穆阿维叶很贫穷，没有钱财。至于艾卜·贾赫姆，他从不把棍子从肩上放下（即他非常忙碌）。你应当嫁给奥萨马·本·宰德！"于是，在她告知先知ﷺ穆阿维叶和艾卜·贾赫姆的求婚之后，先知ﷺ便代表奥萨马向她求了婚。

As for the woman who is engaged but her marriage contract has not yet been concluded, her matter should be looked into. If she or her guardian had assented to the proposing man or she had given permission to her guardian to accept engagement or to conclude the marriage, whether that was explicitly stated or by hint, then it is forbidden for others to make a proposal of marriage to her. This is due to what has been narrated by 'Uqba b. 'Amir (ra) that the Messenger of Allah (pbuh) said: “The believer is the brother of another believer”. So it is not allowed for a believer to bargain a deal already agreed upon between some other persons (by offering a greater price), nor should He propose marriage to a girl who is already engaged to his Muslim brother until He withdraws. Abu Hurayrah (ra) narrates that the Prophet (pbuh) said: “A man should not make proposal of marriage whilst she is engaged to his Muslim brother till He gets married or withdraws his proposal”. But in case the girl rejected the proposal for marriage or she had not yet answered, or has started enquiries about Him, then it is permitted for a man to propose to her. She will not be considered engaged to either of them due to what has been narrated by Fatimah b. Qays (ra) that she went to the Prophet (pbuh) and mentioned that Mu'awiya and Abu Jahm had both proposed to her. The Messenger of Allah (pbuh) said: “Mu’awiya is a miserable and He has no money. As for Abu Jahm He does not put down his staff from his shoulder for a moment (i.e. He is very busy). Marry Usama b. Zayd!” So the Prophet (pbuh) proposed to her on behalf of Usama after she had informed Him of Mu'awiya and Abu Jahm's proposal.

当一位女子被求婚时,她拥有独自决定接受或拒绝这门婚事的权利。她的任何监护人(Awliya)或其他任何人,都无权在未经她同意的情况下将她嫁出,也无权阻止她结婚。据伊本·阿拔斯(Ibn 'Abbas)传述,他说:安拉的使者(pbuh)说:"已婚的妇女比她的监护人更有权利,处女的许可须要征求,她的许可就是她的沉默。"阿布·胡莱赖(Abu Hurayrah)(ra)也传述,安拉的使者ﷺ说:"已婚的妇女不应在未与她协商之前被嫁出;处女不应在未征得其许可之前被嫁出。"众人问道:"安拉的使者啊,我们怎样才能知道她的许可呢?"他ﷺ说:"就是她保持沉默。"伊本·阿拔斯传述,一位年轻的处女来到安拉的使者ﷺ面前,说她的父亲违背她的意愿把她嫁了出去。于是先知ﷺ让她选择是否撤销这门婚事。Khansa bint Khizam al-Ansariya(ra)传述,她的父亲在她已为人妻时将她嫁出,而她不喜欢这门婚事。于是她来到安拉的使者ﷺ面前,他ﷺ便宣布她的婚姻无效。这些圣训清楚地表明,如果女子不允许这门婚事,那么这门婚姻就不成立。如果她拒绝这门婚事,或者她是被强迫结婚的,这份婚约就无效,除非她事后回心转意并表示同意。

When a woman is asked for marriage, she has the sole right to accept the marriage or to reject it. None of her guardians (Awliya) or any body else has a right to marry her off without her permission or prevent her from marrying. It has been reported from Ibn 'Abbas that He said that the Messenger of Allah (pbuh) said: “The matron has greater right than her guardians and the virgin her permission is sought. Her permission is her silence”. Abu Hurayrah (ra) also narrated that the Messenger of Allah (pbuh) said: “A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission is sought”. The people asked, “O Messenger of Allah, How can we know her permission”? He (pbuh) said: “To remain silent”. Ibn 'Abbas narrates that a young virgin came to the Messenger of Allah and mentioned that her father had given her in marriage against her wishes. So the Prophet (pbuh) gave her the choice of repudiating the marriage. Khansa bint Khizam al-Ansariya (ra) narrated that her father gave her in marriage when she was a matron and she disliked the marriage. So she went to Allah’s Messenger (pbuh) and He annulled her marriage. These Ahadith clearly show that if a woman does not give permission for her marriage then that marriage is not concluded. If she rejects the marriage or she was forcibly married the contract becomes void, except if she returns and consents to it.

关于禁止在有人向女子求婚时阻止她结婚，这一点在《古兰经》中有明确规定。安拉（SWT）说：

As for the prohibition of barring a woman from marrying when somebody proposes to her, that is established in the Qur'an. He (swt) said:

“不要阻止她们与前夫再婚，如果他们在合理的基础上相互同意”。[《黄牛》：232] 这一点也有可靠的圣训确立，即Ma'qil b. Yasar（愿真主喜悦他）的圣训。他说：“我把我的姐妹嫁给了一个男人，他休了她。当她的待婚期（三个月经周期）结束后，那个男人又来求婚，但我对他说：‘我把她许配给你，让她做你的床伴（做你的妻子），并把她赐予你，但你休了她。现在你又来求她？不，凭真主发誓，她永远不会再回到你身边！’那个人不是坏人，他的妻子也想回到他身边。于是真主（SWT）降示了这节经文：‘不要阻止她们……’[《黄牛》：232] 于是我说：‘现在我会去做（让她回到他身边），真主的使者ﷺ。’于是先知ﷺ又把她嫁给了他。”经文中的“阻止”（Adhl）的含义是，当女子请求结婚时，阻止她结婚。这是哈拉姆（禁止的），其行为者是法锡格（犯罪者）。阻止女子结婚的人，因此行为而成为犯罪者。法学家规定，若男子实施阻止（Adhl），他就会成为法锡格。当有人向女子求婚，或她请求结婚时，她是唯一有权决定的人，无论她同意还是拒绝这一求婚。

“Do not prevent them from marrying their (former) husbands, if they mutually agree on a reasonable basis”. [Al- Baqarah: 232] It is also established by the authentic Hadith of Ma'qil b. Yasar (ra). He said: “I married my sister to a man and He divorced her, and when her days of Idda (three menstrual periods) were over, the man came again to propose to her, but I said to Him, ‘I married her to you and made her your bed (your wife) and favoured you with her, but you divorced her. Now you come to ask for her hand again? No, by Allah, she will never go back to you again!’ That man was not a bad man and his wife wanted to go back to Him. So Allah (swt) revealed this verse: “Do not prevent them...” [Al- Baqarah: 232] So I said: ‘Now I will do it (let her go back to Him), O Messenger of Allah.’ So He married her to Him again”. The meaning of Adhl in the verse is to prevent a woman from marrying when she requests it. It is Haram and its perpetrator is a Fasiq (transgressor). Whoever bars a woman from marrying He will become a transgressor by this action. The jurists have stipulated that a man will become a transgressor (Fasiq) if He commits Adhl. When the woman is asked for marriage or she requests to be married, then she is the only one who has the right to act, whether she consents to or rejects the proposal.

当一名男子与一名女子达成结婚协议时，他们应当订立婚姻契约。没有伊斯兰教法（Shari’ah）契约，婚姻便不算完备。只有按照教法规定订立的符合教法的契约，这样的婚姻才可被视为正当婚姻。此后两人之间的夫妻之事才被允许，由婚姻产生的各项权利义务也随之生效。如果没有订立契约，即便男子与女子同居了很长时间，也不能被视为婚姻。因此，两个恋人的同居，就像夫妻的共同生活一样，并不被视为婚姻，而是被视为通奸；两个男子以亲密伴侣关系的约定同居，也不被视为婚姻，而是被视为同性恋行为。

When an agreement of marriage takes place between a man and a woman they should undertake a contract of marriage. The marriage will not be complete without a Shari’ah contract. This marriage cannot be considered a proper marriage except with a Shari’ah contract which has been concluded according to the Shari’ah rules. It then becomes permissible for them to enjoy conjugal relations with each other, and the rules that result from the marriage come into effect. If the contract is not concluded, it will not be considered a marriage, even if the man had been cohabiting with a woman for a long time. Consequently, the cohabitation of two lovers like the living together of two spouses is not considered a marriage, rather, it is considered fornication and the living together of two men with the agreement of intimate companionship is not considered marriage but is homosexuality.

关于民事婚姻，它是男女双方之间订立的一项协议，内容涉及亲密的伴侣关系、离婚，以及由此产生的经济供养和处置权、离开住所、妻子对丈夫的顺从以及反之的权利义务。它还包括关于亲权的条款，即谁对儿子拥有监护权，谁对女儿拥有监护权。此外，它还包括继承的条款，以及依赖于亲密关系或该关系终止的一切事务，依据双方同意并遵守的某些条件而定。民事婚姻不仅仅是一份婚姻协议，它还包括由此婚姻产生的关系、经济供养、继承等事宜。它也包括双方或任何一方配偶可以离开对方的情形，即包括离婚。而且，它赋予每个男子与任何女子结婚、每个女子与任何男子结婚的自由，只要双方相互同意所订立的协议，并允许他们依照协议做任何他们想做的事。因此，民事婚姻在伊斯兰教法中是不被允许的。它绝不能被视为婚姻协议，也不能被视为婚姻契约，因为在伊斯兰教法看来它毫无价值。

As for the civil marriage it is an agreement, concluded between a man and a woman, on intimate companionship, divorce, and what results from that in terms of financial maintenance and rights of disposal, leaving the house, her obedience to Him and vice versa. It also includes terms of parental rights as to who shall have custody over the son and who shall have custody over the daughter. In additional it consists of terms of inheritance, and whatever matters that depends on the intimate association or on the termination of this association, according to certain conditions which they both agree on and adhere to. The civil marriage is not just an agreement of marriage, rather it also includes matters that result from this marriage in terms of relationships, financial maintenance, inheritance etc. It also includes cases where both or any one of the spouses can leave the other, that is, it includes divorce. Moreover, it grants each man the freedom to marry any woman and for any woman to marry any man based on the agreement to which they have mutually consented, allowing them to do whatever they desire according to the agreement. Consequently, the civil marriage is not permitted by the Shar’a. By no means is it viewed as an agreement of marriage, nor is it considered a contract of marriage, because it has no value in the view of Shar’a.

如果穆斯林男子与穆斯林女子之间，或穆斯林男子与有经人（Ahl al-Kitab）女子之间订立民事婚姻契约，那么必须审查男女双方之间所说或所写的措辞。若双方之间存在任何关于婚姻或结合的措辞，且存在要约（Ijjab）与承诺（Qubul），并符合伊斯兰教法对要约与承诺的要求，同时监护人在场并有两名见证人，则依据该措辞，此事将被视为婚姻。因为这是一份具备伊斯兰教法契约特征与条件的契约，它之所以被视为婚姻，只是因为伊斯兰教法的契约，而非因为民事契约。若伊斯兰教法契约所要求的全部条件在夫妻双方之间并不具备，则不被视为婚姻。至于民事婚姻契约中所包含的条件，即使与伊斯兰教法相符，也完全没有价值。这是因为遵守真主律例的义务并非产生于男女双方对这些规定的约定，而是产生于婚姻契约以及决定该契约的伊斯兰教法规则。因此，民事婚姻契约中所包含的条件不予考虑。若这些条件与伊斯兰教法相违背，其无效显而易见。若夫妻双方约定的条件属于伊斯兰教法允许任何一方提出的条件，且不违背伊斯兰教法，也不否定契约的必要条件，那么，在双方之间的婚姻契约被承认的前提下，这些条件将被接受。若男女之间所发生的事情不被视为婚姻契约，那么这些条件则完全没有价值。 如果民事婚姻合同是在穆斯林男子与穆斯林女子之间，或在穆斯林男子与有经典的女子之间订立的，情况即是如此。至于民事婚姻合同是在穆斯林与多神教女子之间，或在伊斯兰教法认定为多神教徒的人之间订立的，或在穆斯林女子与非穆斯林男子之间订立的，则该婚姻无效，不被视为有效。因此，显而易见，婚姻必须依照合法、正确的婚姻合同缔结，并满足所有沙利亚条件。如果婚姻不是依此缔结的，那么它根本不被视为婚姻。

If a civil marriage contract takes place between a Muslim man and a Muslim woman, or between a Muslim man and a woman from the people of the Book, then the wording, whether verbal or written, that takes place between the man and woman must be looked into. In the event of a marriage taking place if any wording of marriage or matrimony is present between them, and the offer (Ijjab) and acceptance (Qubul) is present and satisfies what is required of the offer and acceptance by the Shari’ah, and the guardian is present together with two witnesses, it will be considered a marriage due to the wording. Because it is a contract which fulfils the features and conditions of a Shari’ah contract; it will be considered a marriage, only due to the Shari’ah contract and not because of the civil contract. If all that is required in the Shari’ah contract is not present between the two spouses, it will not be considered a marriage. As for the conditions that are contained in the civil marriage contract they have absolutely no value even if they accord with the Shar’a. This is because the obligation of abiding with the divine rules does not arise from the agreement between the man and the woman over the rules, it rather arises from the marriage contract and from the rule of the Shari’ah which determines the contract. Therefore, the conditions contained in the civil marriage contract are not given any consideration. If the conditions contradict the Shari’ah, their invalidity is obvious. If the conditions agreed upon between the spouses of those permitted by Shar’a for either of the spouses to stipulate, if they do not go against the Shari’ah or negate any requisites of the contract, then they will be accepted, if the contract of marriage between them is recognised. If what takes place between the man and the woman is not considered a marriage contract, then these conditions have absolutely no value. This is the case if the civil marriage contract is between a Muslim man and a Muslim woman or between a Muslim man and a woman from the people of the Book. As for a civil marriage contract that takes place between a Muslim and a idolatress woman, or someone considered by Shar’a as a polytheist, or a civil marriage contract that takes place between a Muslim woman and non- Muslim man, then the marriage will be null and void and not considered valid. Consequently, it becomes clear that marriage must take place according to a legitimate, correct marriage contract which satisfies all the Shari’ah conditions. If the marriage is not concluded according to that, then it will not be considered a marriage at all.

婚姻是通过合法的提议与接受而缔结的。提议是最初由两位缔约方中的一方的陈述而产生的；接受则是其次由另一方缔约方的陈述而产生的，例如待嫁的女子对求婚者说"我已将自己嫁给你"，求婚者回答"我已接受"；或者求婚者先提议，女子再接受。正如提议与接受可以在两位未婚夫妻之间进行，它也可以在他们的代理人（监护人）之间进行，或在其中一方与另一方的代理人（监护人）之间进行。提议中须使用婚姻和结婚的措辞，而接受中则不作此要求；其条件在于另一缔约方对此提议表示同意，使用任何表明同意并接受婚姻的措辞即可。提议与接受必须使用过去时态，例如"我已将你娶为妻"和"我已接受"；或者前者用过去时态，后者用将来时态。因为婚姻是一种契约，其措辞必须表明该事已确然发生，即使用过去时态。有效的婚姻缔结需具备四个条件：

The marriage is contracted by legitimate offer and acceptance. The offer is what originates initially from the statement of one of the two contracting parties. The acceptance is what originates secondly, from the statement of the other contracting party, such as when the betrothed woman says to the suitor, I have married you. and the suitor replies I have accepted, or the suitor offers first and she accepts. Just as the offer and acceptance can take place between two fiancées it can also take place between their representatives (guardians) or between one of them and the representative (guardian) of the other. It is stipulated in the offer that the wording should be of marriage and matrimony, but that is not stipulated in the acceptance. Rather the condition is the consent of the other (contracting party) to this offer, by any wording that indicates the consent and acceptance of marriage. The offer and acceptance must be worded in the past tense such as 'I have married you' and 'I have accepted'. Or the first must be in the past tense and the second in the future tense. For marriage is a contract, and its wording must indicate that it certainly happened, that is, in the past tense. The sound contracting of marriage stipulates four conditions:

第一个条件是，要约与承诺必须发生在同一个场合，即提出要约的那次会面与作出承诺的会面是同一次。这适用于订约双方亲自在场的情况。如果双方身处两个不同的国家，其中一方写信给另一方提出求婚，收信人接受，那么婚姻即告成立。不过，在这种情况下，需要规定她要当着两名见证人读信，或让他人当着两名见证人朗读，并使他们听清信中的措辞。或者，她应当对他们说：某某人给我写了一封信，向我求婚，并在同一场合请他们作证，证明她已将自己许配给他。

The First condition is the occurrence of the offer and acceptance in the same sitting, where the sitting in which the offer was given is the same sitting in which the acceptance took place. This is if the two contracting parties are present together. If the two parties are in two different countries and one of them writes a letter to the other with an offer of marriage and the recipient of the letter accepts, then the marriage has been contracted. However, in such a situation it is stipulated that she reads or lets someone read the letter out to two witnesses who are made to hear its wording. Or she should say to them so-and-so person has sent me a letter in which He has proposed to me and calls upon them in the same sitting to bear witness that she has given herself in marriage to Him.

婚姻缔结的第二个条件是，缔约双方都应当听到对方的表述，并理解其意在与对方缔结婚姻。如果他不知道，无论是因为没有听见还是没有听懂，婚姻都不有效。例如，一个男人教一名女子说"我以法语把你嫁给我"的意思，而这名女子并不懂这门语言，她重复了这句话，却不知道她所说的目的是缔结婚姻，之后男人接受了，那么这婚姻不有效。然而，如果她知道自己所说的目的是缔结婚姻，那么婚姻就是有效的。

The second condition for the contracting of marriage is that each of the two contracting parties should hear the statement of the other and understand it to mean that He wants to contract the marriage with this statement. If He did not know, either because He did not hear or did not understand, the marriage will not be valid. For example if a man dictated to a woman the meaning of 'I have married you to myself in French', whilst she did not understand the language, and she repeated the expression without knowing that the purpose of what she said was the contract of marriage, and the man subsequently accepted it, then the marriage will not be valid. If however she knew that the purpose of what she had said was a contract of marriage, then the marriage would be valid.

第三个条件是：承诺方不得对要约提出异议，无论异议针对的是整个要约还是要约的一部分。

The third condition is that the acceptance should not object to the offer, whether the objection is to the whole offer or part of it.

第四个条件是，伊斯兰教法允许缔约双方之间的婚姻，比如女方是穆斯林或属于有经人，而男方是穆斯林，此外别无其他情况。

The fourth condition is that the Shari’ah has allowed the marriage of one contracting party to the other, like if the woman is a Muslim or from the people of the Book and the man is a Muslim and nothing else.

如果合约满足这四个条件，婚姻即为有效。如果其中任何一个条件未得到满足，婚姻便不会生效，它从根本上就是无效的。订立婚姻时，为使婚姻有效，必须满足以下三个有效性条件。

If the contract meets these four conditions then the marriage will be valid. If any of the conditions are not met, the marriage will not come into effect. It will be void from its very basis. When the marriage is contracted, it must, in order for the marriage to be correct, satisfy the conditions of correctness which are the following three:

第一个条件是，这位女性应适合订立婚约。

The First condition is that the woman should be suitable for the contract of marriage.

第二个条件是：婚姻若无监护人则不成立，因为女子无权将自己许配给他人，也无权将他人许配。同样，她也无权委托除其监护人以外的任何人为她主持婚礼。若她这样做，婚姻便不成立。

The Second condition is that the marriage will not be correct without a guardian since the woman does not possess the right to give herself or give others in marriage. Similarly, she does not have the right to delegate anyone other than her guardian to give her in marriage. If she does this, the marriage will not be correct.

第三个条件是有两名理智健全、已经成年的穆斯林见证人在场，他们听闻订婚双方的表态，并理解提议与接受的表述目的在于缔结婚约。当婚约满足这些条件时，即为有效。若其中任何一个条件缺失，婚姻即为无效（Fasid）。然而，法律并未规定婚约必须以书面形式订立，或必须登记为文件。只要男女双方的提议与接受已经发生，无论是口头还是书面形式，且满足所有条件，婚约即为有效，无论是否形成文字。至于婚姻在没有提议与接受的情况下不能成立，是因为婚姻本质上是双方之间的一种契约。

The third condition is the presence of two sane, mature Muslim witnesses who hear the statements of the two contracting parties and understand that the purpose of the offer and acceptance statements is to contract in marriage. When the contract satisfies these conditions it will be correct. If any of these conditions are lacking, the marriage will be improper (Fasid). However, it is not stipulated that the marriage contract be in writing or be registered as a document. The mere occurrence of the offer and acceptance from a man and a woman, whether verbally or in writing, which satisfies all the conditions, will ensure that the marriage contract is correct regardless of whether it was written down or not. As for the marriage not being complete without the offer and acceptance, this is because it is a contract, by its very nature, between two parties.

合同的实际情况是：若没有要约与承诺，合同便不完整，也不被视为合同。至于要求要约的措辞必须是"婚姻"或"结婚"之语，这是因为经文中已提及此点。真主（SWT）说：

The reality of the contract is that it will not be complete without the offer and acceptance, neither will it be considered to be a contract. As for the stipulation that the wording of the offer be that of marriage or matrimony, this is because the text has mentioned it. He (swt) said:

“我们把她许配给你为妻”[《奥扎布》：37] 他（SWT）说：

“We gave her to you in marriage” [Al- Ahzab: 37] He (swt) said:

“你们不可娶你们父亲所娶过的女子”[An-Nisa: 22]。此外，关于这一点，圣门弟子已达成一致（伊杰玛尔）。至于要求提议与接受必须在同一场合完成，这是因为“同一场合”的裁定是针对合同的状态而言的。如果双方在接受之前分开，提议即告无效，因为接受已失去意义，因为离开即表明了对提议的拒绝，所以不能视为接受。若双方在做某件会中止接受的事情上纠缠，情况也是一样，因为他因分心而转离了接受，也就同样背离了合同。至于要求缔约双方互相听到对方的话，并理解所说的内容，即知道所表达的意思是依此措辞订立婚约，这是因为正是这一条件使接受成为对提议的回应：提议是缔约一方向另一方提出的建议，等待对方的接受。如果他没有理解所说的话，提议便不成立，对这一提议的接受也被视为不成立。因此，其实质既不是提议，也不是接受。至于接受中不得附带异议的条件，这是因为，除非接受表明对整个提议的认可，否则不能视为合格的接受。如果接受有所不同，便不能视为同意提议中所提及的内容，因而也不能视为合格的接受。至于要求伊斯兰教法允许缔约一方与另一方结婚的条件，那是因为沙里亚中有禁止某些婚约的规定，这些婚约是不允许缔结的。

“And marry not women from whom your fathers married” [An- Nisa: 22] In addition the Ijma’a (consensus) of the Sahabah has taken place on this. As for the stipulation that the offer and acceptance be combined in the same sitting, this is because the ruling of the sitting is a ruling on the situation of the contract. If they part before the acceptance, the offer is void, since the acceptance has no meaning, because turning away from the offer has been expressed by departing, so it would not be considered an acceptance. The same goes if they engage themselves with something that suspends the acceptance, because He also turned away from the contract by being distracted from the acceptance. As for the condition that the contracting parties should hear each other and understand what is said i.e. know that what is meant is to contract the marriage according to this expression. This is since that is what makes the acceptance a response to the offer, because the offer is a proposal of one of the contracting parties to the other, awaiting an acceptance. If He did not understand what was said the proposal will not have taken place, and the acceptance of this proposal is also deemed not to have taken place. Therefore, its reality is that it is neither an offer nor an acceptance. As for the condition of the absence of objections in the acceptance to the offer, this is because it will not be considered a proper acceptance unless it indicated an approval of the whole offer. If the acceptance differed it will not be considered an agreement to what has been mentioned in the offer. Thus, it will not be considered a proper acceptance. As for the condition that the Shari’ah must give permission for one contracting party to marry the other, that is because prohibition of certain contracts can be found in the Shar’a and these are not allowed to be conducted.

关于缔结合同，其有效性如下：如果合同不包含任何沙里亚（Shar'a）禁止的内容，则合同是完整有效的。然而，如果在执行合同时违反了对某一特定事项的禁令，则合同为不当的（Fasid），但并非无效。 至于要求女方适合订立婚姻合同这一条件，原因在于沙里亚禁止娶某些女性，也禁止将某些女性合娶于同一婚姻之中。如果合同是与被禁止缔结婚约的人订立的，则该合同不正确（Sahih）。 至于没有监护人（Wali）则婚姻不成立，这是根据艾布·穆萨所转述的先知ﷺ的话：“没有监护人，就没有婚姻。” 至于女性无权自己嫁娶，也无权嫁娶他人，亦无权委托监护人以外的任何人为其主婚，这是根据阿伊莎转述的先知ﷺ的话：“任何女子未经其监护人许可而结婚，她的婚姻无效，她的婚姻无效，她的婚姻无效。”又根据艾布·胡莱赖传述先知ﷺ所说：“女子不得嫁娶另一女子，女子也不得自己嫁娶自己。淫荡的女子才会自己嫁娶自己。” 至于要求有两名穆斯林见证人这一条件，是因为《古兰经》规定，在可撤销的离婚之后使离婚妇女复婚时，须有两名穆斯林见证人。安拉（swt）说：

This is with regards to concluding the contract. As for its correctness, if the contract does not contain any Shar’a prohibitions then it will be complete. However, if a prohibition over a specific matter is violated in the execution of the contract, the contract will be improper (Fasid) but it will not be void. As for the stipulation that the woman should be suitable for the contract of marriage, this is because the Shar’a prohibited the marrying of certain women and prohibited the combining of some women in one marriage. If the contract was concluded over someone who is forbidden for contracting then the contract will not be correct (Sahih). As for the marriage not being correct without a guardian (Wali) this is due to what has been narrated by Abu Musa from the Prophet's (pbuh) saying: “There can be no marriage without a guardian (Wali).” As for the woman not possessing the right to give herself or give others away in marriage, nor possessing the right to delegate anyone other than her guardian to give her in marriage, this is due to what 'Aisha reported from the Prophet (pbuh) “Any woman who gets married without the permission of her guardian (Wali), her marriage will be void, her marriage will be void, her marriage will be void.” And also due to what Abu Hurayra has reported that the Prophet (pbuh) said: “A woman shall not give another woman in marriage, nor should a woman give herself in marriage. Indeed only the fornicatress shall give herself (unilaterally) in marriage”. As for the stipulation that there be two Muslim witnesses, this is because the Qur'an has stipulated that there be two Muslim witnesses in taking back the divorcee from a revocable divorce back into wedlock. He (swt) said:

“然后，当她们的待期将满时，你们或应以善道挽留她们，或应以善道释放她们，并且你们当从你们中选两个公正的人作见证”[《至仁主》（离婚）：2]既然离婚后复合妻子——即婚姻契约的延续——被规定须有两位穆斯林见证，那么婚姻的开始，即婚姻契约的订立，理应更加需要两位见证。况且，婚姻契约的订立与婚姻契约的延续属于同一问题，因此二者适用相同的规定。

“Then when they are about to fulfil their term appointed, either take them back in good manner or part with them in a good manner. And take for witness two just persons of you” [At- Talaq: 2] Since the return to one's wife after divorce which is a continuance of the contract of marriage is stipulated to have two Muslim witnesses, then the initiation of matrimony, that is, the initiation of the contract of marriage, by greater reason, should be required to have two witnesses. Moreover, the contract of marriage and the continuation of the contract of marriage are one issue and therefore they are like the same rule.