What are the qualities that are necessary for the witnesses in a marriage?

- Is it necessary for the person to marry (man or woman) to know the witnesses?
- If not, is the marriage valid?

Dear Brother / Sister,

The function of the witness in marriage is to hear and understand the question and the answer about the marriage. Therefore, witnesses have to be in the same place together. If they witness the marriage in different places, or in the same place but at different times, their witnessing is not valid. Both witnesses have to hear what the couple to marry say in the same place.

The marriage made with witnesses that have the necessary qualities is valid.

The qualities that are necessary for witnesses are as follows:

a. The witness must be sane and have reached the age of puberty. The witnessing by an insane person or a small child is not valid.

b. There must be two male witnesses or a male and two female witnesses. Marriage with one witness is not valid. For, the following is stated in a hadith:

"Marriage is not valid unless there is a guardian and two just witnesses." (Abu Dawud, Nikah, 19)

Allah states the following:

"Get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses." (al-Baqara, 2/282)

According to Imam Shafii, this verse does not include marriage contract. It is necessary for both witnesses to become male in marriage as it is the case in qisas and other religious penalties. Hanbalis and Malikis hold the same view too.

According to Hanafis, women are a party of the marriage; they can be witnesses in marriage as two women for one man. Their witnessing is not accepted in the cases of hadd and qisas due to their forgetting and heedlessness. For, hadd penalties become invalid when there is doubt. (see as-Sarakhsi al-Mabsut, Egypt 1324-1331/1906-1912, V, 32, 33; az-Zuhayli, VII, 74, 75; Hamdi Döndüren, p. 208, 209)

c. The witness must be free (not a slave).

The majority of scholars accept Hanbalis say witnesses have to be free. According to Hanbalis, a slave can be a witness in both marriage and other issues because there is no verse, hadith or ijma prohibiting it. (az-Zuhayli, VII, 75)

d. The witness must be a Muslim.

In a marriage where both parties are Muslim, it is unanimously agreed that both witnesses must be Muslims. For, a non-Muslim has no right of guardianship over a Muslims. (see an-Nisa, 4/141; al-Qasani, II, 253). According to Abu Hanifa and Abu Yusuf, if both parties or only the woman is from the People of the Book, the witnesses can be from the People of the Book.

e. According to the majority of fiqh scholars, the ability to see is not a condition; it is necessary to have the ability to hear and understand. Therefore, the witness has to understand the words in the contract of marriage. For, this is the purpose of witnessing. Otherwise, the witness may regard an engagement ceremony as marriage. It will cause misunderstandings in the community.

f. The witnesses can be the ancestors, the offspring, or other relatives of the couple to get married. Accordingly, the mother, father, grandfather, grandmother, sons or daughters of the spouses can be witnesses if they have the qualities mentioned above. According to the majority, if one of those relatives takes part in the marriage as a guardian, he cannot be a witness. (al-Qasani, II / 253, 254; al-Fatawa al-Hindiyya, I / 267, 268).

g. According to Hanafis, it is not necessary for the witnesses to be just. The witnessing of two sinners is enough. For, a sinner can be a guardian.

If a marriage is done with the witnesses that are in accordance with the conditions mentioned above, that marriage is valid.

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