What Is The Judgment On Having Witnesses In Marriage?

What is the judgment on having witnesses in marriage?

One of the validity conditions of a nikah contract is its performance before witnesses. Unless concluded before two witnesses, a nikah contract becomes invalid. Because Prophet Muhammad (saw) said, “The nikah contract that is concluded without witnesses is not valid” (Tirmidhi, Nikah, 15), and expressed that witnessing is one of the most important conditons of nikah. It is not necessary to make a distinction between witnesses such as woman’s witness and man’s witness.

Mujtahids, except the ones from Hanafi school of thought (madhhab), stipulate that both witnesses should be male while Hanafis are of the opinion that witnessing of one male and two females is enough. The reason why witnessing is a requirement in nikah is to ensure publicity and to protect the marriage from any doubts.

Moreover, witnesses should be Muslim and fully competent (having mental capacity, being pubescent). As a matter of fact, if the woman who is going to be married is a member of the people of the book, witnesses may also be members of the people of the book (Marghinani, al-Hidayah, III, 8).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA