Can the Sister of the Groom be a Witness in the Marriage

Fatwa ID: 04089

Answered by: Imam Abdul-Malik Sheikh

 

Question

So, the groom's two sisters can be witnesses, correct? 

How about the groom's 1st wife if he has one?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

Witness in the marriage contract is a condition for its permissibility. The conditions for the witnessing are:

  1. Islam
  2. Sanity
  3. Maturity
  4. Freedom from slavery

 

The number of witnesses should be two males or two females and a male. A child, an insane person and non-Muslim cannot be witnesses. However, uprightness (Adālah) is not a condition in the Hanafi Madhab. Therefore, in answer to your question, if the above conditions are met then the sisters or the first wife can be witnesses. Provided that the witnesses are at least two women and a man.

 

References:

Al-Ikhtiyār Li-Ta’līl al-Mukhtār, Vol.3 p.83, Matba’ah al-Halabi, Cairo

Al-Fatawa Al-Hindiyyah, Vol.1 p.276, Dar al-Fikr, Beirut 

 

 

Only Allah knows best

Written by Imam Abdul-Malik Sheikh

Checked and approved by Mufti Mohammed Tosir Miah

DarulIfta Birmingham

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