What does nikāḥ literally mean? Opinion 1 Literal = intercourse Figurative = contract Opinion 2 Literal = contract Figurative = intercourse Opinion 3 Literal for both Homonym or shared term Ḥanafīs · some Shāfiʿīs some Ḥanbalīs Mālikīs · most Shāfiʿīs most Ḥanbalīs Minority across all four schools Practical implications Marriage ties through zinā (mushāhara) Ḥanafī / Ḥanbalī: zinā creates ties — ḥarām to marry her mother or daughter Mālikī / Shāfiʿī position Zinā does not create ties — marriage to her mother/daughter remains permissible Oath not to "marry" (lā yankih) Those who hold literal = intercourse: oath broken by the act itself Oath not to "marry" (lā yankih) Those who hold literal = contract: oath broken by signing the contract
