LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

ينعقد النكاح بلفظ الهبة والتمليك والبيع
The text treats the language of gift, conferral of ownership, and sale as capable of forming marriage in the specified Hanafi legal setting.

A gift, in its literal legal sense, can lead to ownership. Classical juristic analysis links ownership and benefit in defined historical categories, and uses that relation to explain how a transfer term may convey the intended marriage contract.

This depends on the law governing contracts, intention, circumstances and any other required conditions. It does not equate marriage with an ordinary sale or gift, nor dispense with the required elements of marriage.

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Marriage and the expression of gift

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

ينعقد النكاح بلفظ الهبة والتمليك والبيع
The text treats the language of gift, conferral of ownership, and sale as capable of forming marriage in the specified Hanafi legal setting.

A gift, in its literal legal sense, can lead to ownership. Classical juristic analysis links ownership and benefit in defined historical categories, and uses that relation to explain how a transfer term may convey the intended marriage contract.

This depends on the law governing contracts, intention, circumstances and any other required conditions. It does not equate marriage with an ordinary sale or gift, nor dispense with the required elements of marriage.