The witnesses to a marriage (nikah)
A marriage (nikah) needs two qualifying witnesses who hear the whole offer and acceptance together, or it is not valid.
A nikah is not valid without witnesses. Two people must be there to see and hear it happen.
Who can be a witness
- There must be two witnesses: either two men, or one man and two women. Women's word alone is not enough, even if there are four of them.
- Witnesses must be free, not enslaved.
- Witnesses must be able to think clearly, not asleep, not drunk, not unconscious, and not a small child.
- Witnesses must be grown-ups.
- Witnesses must be Muslim, whether or not they are good at practising their religion.
- Witnesses must both hear the offer and the acceptance together, at the same time, not one hearing the offer and the other hearing the acceptance separately.
A marriage is not valid without two witnesses: two men, or one man and two women. They must be free, grown-up, Muslim and able to think clearly, and both must hear the offer and the acceptance together.
1Condition 5 is the presence of two witnesses. A marriage is not valid without them, and the following requirements must all be met.
| Requirement | Detail |
|---|---|
| Number | Two: one witness alone is not enough |
| Combination | Both male, or one male and two females; the testimony of women alone is not sufficient, even four of them |
| Freedom | Both must be free; a slave's testimony does not count |
| Sound mind | Both must be of sound mind; a madman, an intoxicated or an unconscious person cannot witness |
| Maturity | Both must be adults; an underage child, even if sound of mind, cannot witness |
| Religion | Both must be Muslim, whether pious or openly sinful; non-Muslim witnesses are not valid, except that a Muslim man marrying a woman of the People of the Book may have non-Muslim witnesses from her own community |
| Ability to testify | Both must be capable of being produced in court; naming angels, the Prophet ﷺ, or Allah as witnesses does not count, and doing so is a serious sin |
| Hearing together | Both must hear the offer and the acceptance together; if one hears only the offer, or the other only the acceptance, or they hear them at different times, the marriage is not valid |
The presence of two qualifying witnesses is a condition of a valid marriage (nikah): two men, or one man and two women, who are free, adult, sane and Muslim, and who hear the offer and acceptance together in one sitting. Without them the marriage is not valid.
1The witnesses must hear the words of offer and acceptance and understand that a marriage is taking place, even without understanding the language used: if the words were spoken in Arabic and the witnesses do not know Arabic, the marriage is still valid so long as they grasp that a marriage is occurring. They must also be made aware of who is marrying whom; if they already know the parties by name, naming them is enough, and where needed, giving the names of their fathers as well is sufficient to establish this.
Sharṭ 5 is the presence of two shuhūd (witnesses), without whom the nikah is invalid.
| Requirement | Detail |
|---|---|
| ʿAdad (number) | Two; a single witness does not suffice |
| Combination | Two men, or one man and two women: the testimony of women alone, however numerous, is insufficient |
| Ḥurriyyah | Both free; the testimony of a slave or servant is invalid |
| ʿAql | Both of sound mind; a majnūn, an intoxicated person, or an unconscious one cannot testify |
| Bulūgh | Both adult; an underage child, even if of sound mind, cannot testify |
| Islam | Both Muslim, whether pious or fāsiq (even one previously lashed for qadhf); non-Muslim testimony is invalid, except that where a kitābiyyah marries a Muslim man, non-Muslim witnesses from her own community may serve |
| Capacity to be produced | Both must be presentable before a court; naming the angels, the Prophet ﷺ, or Allah as witnesses is invalid and a grave sin |
| Joint hearing | Both must hear the ījāb and qubūl together; hearing them separately, or hearing only one of the two, invalidates the nikah |
The presence of two qualifying witnesses (shuhud) is a condition (shart) of the validity of a nikah: two men, or one man and two women, free, adult (baligh), sane and Muslim, who hear the offer and acceptance (ijab wa qubul) jointly in one sitting. A nikah contracted without them is invalid.
1The shuhūd must hear the ījāb and qubūl and understand that a nikah is thereby occurring, even without comprehending the language used: an Arabic ījāb wa qubūl remains valid before witnesses ignorant of Arabic, provided they grasp that a marriage is taking place. They must also be apprised of the identity of the ʿāqidān; where already known to the shuhūd by name, this suffices, supplemented by the fathers' names where needed for certainty.
This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 639 words. Switch back to Guide for the rewritten version.
Order of Guardianship in Marriage Rulings Regarding the Insane and Minors
Explanation of the Fifth Condition (Two Witnesses):
- A marriage is not valid without witnesses.
- The following conditions must be observed in the witnessing of the marriage:
- There must be two witnesses; if there is only one, it is not valid.
- Both witnesses must be male or one male and two females. The testimony of only women is not sufficient, even if there are four women.
- Both witnesses must be free individuals. The testimony of slaves or servants is not valid.
- Both witnesses must be of sound mind. The testimony of a madman, intoxicated person, or unconscious person is not valid.
- Both witnesses must be adults. The testimony of underage children, even if they are of sound mind, is not valid.
- Both witnesses must be Muslims (whether pious or sinful [even those who have been lashed for the accusation of adultery, meaning those who have been punished for false accusations]). The testimony of non-Muslims is not valid; however, if a woman from the People of the Book (such as Jews or Christians) marries a Muslim man, the non-Muslim witnesses from her community may be valid for the marriage.
- Both witnesses must be available to be presented in court. If someone makes angels (who record deeds) or the Prophet and Allah as witnesses, this is not valid. [It is a serious sin to do so.]
- Both witnesses must hear the proposal and acceptance together. If one hears the proposal first and the other hears the acceptance later, the marriage will not be valid. Similarly, if the witnesses hear only the proposal or only the acceptance, the marriage will not be valid.
Important Point: If the witnesses are deaf, the marriage will not be valid; however, if the individuals entering the marriage are mute and communicate the proposal and acceptance through gestures, and if the deaf witnesses understand the gestures, the marriage will be valid.
Important Point: The testimony of stutterers and mutes is valid provided they have no hearing impairment.
- Both witnesses must listen to the words of proposal and acceptance and understand that a marriage is taking place, even if they do not understand the meaning of those words. For example, if the proposal and acceptance were spoken in Arabic and the witnesses do not know Arabic, the marriage would still be valid as long as they understand that a marriage is happening.
- The witnesses must be made aware of the identity of the individuals entering into the marriage. If the witnesses know the individuals by name, it is sufficient to tell them just the names. If necessary, the names of the fathers or ancestors of the individuals involved in the marriage should also be shared so that the witnesses can be fully aware of who is getting married.
Notes:
- Being able to see is not a condition for witnesses (the testimony of blind people is also valid).
- It is not necessary for the witnesses and the individuals entering into the marriage to not be related. The testimony of close relatives of the parties involved in the marriage [such as their sons] is valid.
Important Point: If a person appoints a representative for the marriage and the representative expresses the proposal or acceptance, but the principal is also present in the marriage meeting, the principal will be considered the one entering the marriage, and the representative will be counted as one of the witnesses. Thus, only one male or two females, apart from the representative, will be sufficient for the marriage to take place. Similarly, if an adult girl’s marriage is performed in her presence by her guardian with the testimony of just one witness, the girl will be considered the one entering the marriage, and her guardian will be counted among the witnesses. [If the girl is not present in the marriage meeting, the marriage will not be valid.]
Terms on this page
Related
- The rules of offer and acceptance The wording, timing and setting that a proposal and its acceptance must satisfy for a marriage (nikah) to be valid.
- The pillar and conditions of a valid marriage (nikah) Marriage (nikah) has one pillar, offer and acceptance, and six conditions that must all be met for it to be valid.
- Who may pronounce a divorce, and what makes it valid The four conditions a divorce needs to be valid, the states that do not stop it taking effect, and how it can be given by writing or through a representative.
- How a marriage (nikah) is conducted The recommended order of a marriage (nikah) gathering, the words actually spoken for offer and acceptance, and what follows the marriage.