LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

Hibah ordinarily means giving by gift, tamlīk conferring ownership, and bayʿ selling for consideration. Their literal acts are distinct but are connected to acquiring a legally recognized entitlement.

In the marriage discussion, the transfer is confined to the establishment of marital rights; it must not be understood as declaring a free spouse to be literally owned. The figurative meaning, legal subject, and contractual intention must be assessed separately.

Other juristic approaches restrict marriage wording more narrowly. The permission discussed here is part of the Hanafi reasoning, not an uncontested universal rule.

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Interpreting transfer and sale language in marriage

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

Hibah ordinarily means giving by gift, tamlīk conferring ownership, and bayʿ selling for consideration. Their literal acts are distinct but are connected to acquiring a legally recognized entitlement.

In the marriage discussion, the transfer is confined to the establishment of marital rights; it must not be understood as declaring a free spouse to be literally owned. The figurative meaning, legal subject, and contractual intention must be assessed separately.

Other juristic approaches restrict marriage wording more narrowly. The permission discussed here is part of the Hanafi reasoning, not an uncontested universal rule.