Who Witnesses a Muslim Wedding? Key Requirements & Variations
Praise be to Allah عزّ وجلّ, peace and blessings be upon our Prophet Mohammed صلَّى الله عليه وسل
The Importance of Witnesses in Muslim Marriages |
A witness to a marriage is someone whose presence is necessary for a Muslim wedding ceremony to be valid (Tirmidhi Hadith 1104).
There must be at least two witnesses or the marriage will be null and void.
The total absence of witnesses or presence of only one witness renders the marriage completely null and void (fasid).
Learn more from our Guide To Understanding Invalid Marriages (Nikah) in Islam.
Witness Roles and Responsibilities In An Islamic Marriage |
Marriage is the only contract under Muslim law (fiqh) for which the presence of witnesses is required, which shows their importance.
The presence of witnesses allows the marriage to be made public, to be made known to at least two people, which is sufficient according to Muslim law (fiqh).
Their main role is thus to ensure a minimum public knowledge of the marriage in order to avoid secret marriages, which are forbidden.
A discreet marriage, even though it is not encouraged, is valid if it meets the condition of two credible witnesses and a guardian or his substitute (except for the Hanafi school, which does not require a guardian provided that the wife is of age).
Witnesses are people who confirm, by their presence and their signatures on the contract, the identities of the married couple, that the ceremony took place and that each party’s statements are true. That is why witnesses must hear and understand the offer and acceptance of both spouses or their representative, stated during the exchange of vows.
In case of a dispute or litigation concerning the marriage, it is always possible to call on the witnesses.
Qualities of Valid Witnesses (Sunni Schools) |
According to the four Sunni legal schools, witnesses must have certain qualities
- Sanity: The witnesses must be of sound mind.
- Minimum Witnesses: There must be at least two witnesses.
- Muslim Faith: The witnesses must be Muslim (Except Hanafi School for Interfaith Marriages).
- Male Gender: The witnesses must be male (Except Hanafi School Allowance).
- Puberty (Adulthood): The witnesses must be of age (pubescent)
The Shafi’i school also requires that witnesses not be immoral. In other words, they must respect Islam (and avoid fahisha), but a mere appearance of integrity is sufficient.
In addition, the Maliki school’s foremost requirement is that the witnesses be trustworthy.
Variations by Islamic School of Thought Regarding Witnesses |
Hanafi School
- In the Hanafi school, one man can be replaced by two women without providing any reason. Therefore, there may be three witnesses total. However, four women cannot be witnesses on their own.
- For the Hanafi school, whenever the wife is Christian or Jewish, meaning that it is an interfaith marriage, it is not necessary for the two witnesses to be Muslim. The marriage is valid in the presence of two Christian or Jewish witnesses.
Maliki School
- For the Maliki school, witnesses do not have to be present at the at the time the couple enters into the marriage contract, in other words, at the exchange of vows and signing of the marriage contract.
- For the Maliki school, it is merely preferable (mandub) that the witnesses attend the marriage contract ceremony. Therefore, if the contract is read aloud and signed, i.e., concluded, without the presence of witnesses, it is valid.
However, witnesses must be present to confirm consummation of the marriage.
Interfaith Marriage Witness Requirements |
According to the Maliki, Hanbali and Shafi’i schools, two Muslim witnesses must be present at an interfaith ceremony as long as it is under Muslim authority.
Only the Hanafi school allows two non-Muslim witnesses at an interfaith wedding
And Allah عزّ وجلّ knows best
