The witnesses to nikah
A 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.
Condition 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 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 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.
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 nikah to be valid.
- The pillar and conditions of a valid nikah 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 nikah is conducted The recommended order of a nikah gathering, the words actually spoken for offer and acceptance, and what follows the marriage.