al-Nahr, p. 218), says: “ The time for seeing her should precede the betrothal … The woman is recommended to have a look at the man, if she wants to marry him; because anything that would please her with him will please him with her … (ASh., p. 43).
The word khaṭaba which means he addressed (another) also signifies he made a proposal of marriage. The infinitive noun khuṭbah means an address and khiṭbah means proposal of marriage. When a man, who wants to marry, has satisfied himself about a woman, he makes a proposal of marriage either to the woman in question or to her parents or guardians. When a man has made a proposal of marriage to a woman, others are forbidden to propose to the same woman, till the first suitor has given up the matter, or has been rejected (Bu. 67:46). A woman may also make a proposal of marriage to a man (Bu. 67:33), or a man may propose the marriage of his daughter or sister to a man (Bu. 67:34); generally, however, it is the man who makes the proposal. When assent has been given to the proposal of marriage, it becomes an engagement, and usually a certain time is allowed to pass before the marriage (nikāḥ) is performed. This period allows the parties to study each other further, so that if there be anything undesirable in the union, the engagement may be broken off by a difference as to the marriageable age in different countries. But the Holy Qur’ān does speak of an age of marriage which it identifies with the age of majority: “And test the orphans until they reach the age of marriage (nikāḥ). Then if you find in them maturity of intellect, make over to them their property, and consume it not extravagantly and hastily, against their growing up” (4:6). Thus it will be seen that the age of marriage and the age of maturity of intellect are identified with full age or the age of majority. And as marriage is a contract the assent to which depends on personal liking, as already shown on the basis of the Holy Qur’ān and Ḥadīth, and since this function cannot be performed by any one but the party who makes the contract, it is clear that the age of marriage is the age of majority, when a person is capable of exercising his choice in matters of sexual liking or disliking. A man or a woman who has not attained puberty is unable