LessonsLegal Implications of Khāṣṣ and the Two Kinds of ʿĀmmQuiz

حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ
Until she marries a husband other than him. (Part of Qur'an 2:230)

The verb tankiḥa is grammatically attributed to the woman. This raises a legal question: under what conditions may an adult woman herself conclude a marriage contract?

Two sources of argument:
1. The verse attributes the act of marriage to the woman.
2. Other reports establish rules regarding a guardian's permission or role.

An individual clause does not settle every condition by itself. Jurists examine how the texts relate and whether one specifies or qualifies another.

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A further text: “until she marries another husband”

Legal Implications of Khāṣṣ and the Two Kinds of ʿĀmm

حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ
Until she marries a husband other than him. (Part of Qur'an 2:230)

The verb tankiḥa is grammatically attributed to the woman. This raises a legal question: under what conditions may an adult woman herself conclude a marriage contract?

Two sources of argument:
1. The verse attributes the act of marriage to the woman.
2. Other reports establish rules regarding a guardian's permission or role.

An individual clause does not settle every condition by itself. Jurists examine how the texts relate and whether one specifies or qualifies another.