Fatwa ID: 01418

Answered by Mufti Mohammed Tosir Miah

Question:

Do the same two witnesses who were present for the brides consent have to be witnesses for the Nikah 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

According to the Hanafi Fiqh, it is not necessary for witnesses to be present when the bride’s consent is taken by her guardian or her father. However, it is recommended to have witnesses present to alleviate any disagreements later between the guardian and the girl. (Fatawa Hindiyyah p.294 v.1)

It is more important that the guardian or the father obtains clear consent from the girl and where there may be a danger of any potential disagreements, then have two male witnesses present.

In terms of the marriage contract, if the marriage was done in the presence of two male witnesses or one male and two female witnesses the marriage will be considered valid even though you may be living apart or have not consummated the marriage. (Hidayah p.306 v.2)

In a nutshell, your marriage conducted in the Masjid is totally correct and fine. You do not need the same two witnesses also being the witness for the marriage ceremony.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham