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:
- Islam
- Sanity
- Maturity
- 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
