Can 2 women act as witnesses for islamic marriage?

Question

I mean is it ok that it is 2 men alone, 1 man,1 woman or 2 woman..any laws regardig that?

Pls help friends..

Salam and thanks

Answer 1

Women only count as 1/2 for purposes of witnessing:

Sura (2:282) - (Court testimony) "And call to witness, from among your men, two witnesses. And if two men be not found then a man and two women"

Answer 2

The fact you even have to ask this question shows how sexist and degrading islam is to women.  How can any woman believe God would think so little of her?  It's so sad.  

Answer 3

Sister, I am no scholar but from my research I concluded that it depends on your interpretations:

1. 2 Muslim men is ok for sure

2. 1 Muslim man & 2 women is acceptable as well

3. 2 muslim women is disputed but I believe it is ok for the following reasons: Allah's rule on 2 women=1 witness is only in financial transaction. The purpose of witnessing a marriage is for publicity that it actually ocurred. If more than 1 person witness it (even women) then it is considered public and meets the condition. Some people even hold that while witnesses are CRUCIAL there absence would not technically negate a marriage.

Allahu'alam.

Answer 4

if it's possible, there should be 2 men, but i never really understood that rule. it doesn't really make sense...

Answer 5

It's more of a cultural thing. Marriage gotta be accepted by the society they live in.  

Answer 6

no way

Answer 7

Sis, this is what i found:

Importance of Witnesses in Muslim Marriage Law



Generally, the Muslim marriage law requires that marriage contract must be in the form of an offer and acceptance expressed in a single meeting. However, different jurists differ on effect of absence of witnesses, their number and qualifications. Different countries have coded different laws following different jurists which are acceptable to the local community.

In Shiite school of thought the presence of witnesses does not invalidate a marriage. In Hanfi law, the presence of witnesses is must for a valid marriage. A major portion of the Muslim world considers presence of witnesses important but their absence merely makes a marriage irregular which can be regularized later on.

Quran is silent on the issue of witnesses!

Majority of Muslim jurists rely upon a hadith quoted by Muslim in his collection. Prophet(PBUH) said, “Announce Your Marriages”. There are three broader view expressed by different scholars and accepted by different legislatives of the Muslim countries.

Witnesses to Protect Women’s Rights



The women have been more vulnerable partner in any marriage contract. Whatever rights Islam has given to them are withdrawn in one pretext or the other. It is truer in the Muslim world where local cultures and customs are adopted in the name of Islam.

That’s why the Muslim marriage law in most of the Muslim countries requires presence of witnesses on one pretext or the other. It is more beneficial to the women to protect their marital rights and elements of a valid marriage like age, capacity and free consent. It is true that most of the laws don’t specify the details for which the witnesses should testify but when the issues come to courts they are expected to tell details as settled between the partners of the Muslim marriage contract.

However, the law makers should not play with the validity of marriage while making law for presence of witnesses. Neither God nor his Prophet (PBUH) has made the presence of witnesses compulsory for the validity of marriage. The Hadith, “announce your marriages” is clear that announcement comes after marriage and not otherwise.

Secondly, in most of the Muslim societies the women find it difficult to go with their choice for marriage. It will become more difficult for them to find willing witnesses when their families oppose their freedom of choice. Thus the absence of witnesses must not invalidate the marriage.

This principle is practiced in Pakistan and accepted by the courts. In Shazada Begum v. Abdul Hamid 1950 Lah 773, PLD 1950 Lah 540 and many other cases, the courts have observed that a marriage can’t be invalidated merely on account of witnesses.

Circumstantial evidence is given due weight and even considered conclusive at times. The Muslim Family Laws Ordinance 1961 does not necessitate for presence of witnesses at the time of marriage. Even the rules don’t require. However, the form II specified as marriage certificate has a column for witnesses. This form is used to register the marriage and non-registration is a criminal offence in the ordinance.

Qualifications of Witnesses



The Muslim marriage law requires that the witnesses must be sane, of full age and Muslims.

According to Hanfi marriage law they must include at least one male and two females so that if the female witness forgets details of marriage the other female witness may remind her. They inference to Quran:

“O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If the party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence).”

However, the verse is not applicable on marriage for two grounds. First, it is for financial transactions and second the transaction is to be for a fixed period of time. While marriage conducted for a fixed period of time is considered void by most of the Hanfi jurists.

The Muslim marriage law in Pakistan does not specify any number and qualification of witnesses. Generally, the witnesses should be Muslims. However, when bride is non-Muslim, the condition of religion is not upheld.

The Muslim marriage law in Fiji declares two women as valid witnesses to a Muslim marriage. Tunician Muslim marriage law requires that the witnesses may be either male or female. In Sudan and Yemen Two men or one man and two women are required to testify a Muslim marriage. In Sudan, the law requires that the witnesses should be of ‘good reputation and trustworthy’.

Looks like it is different per country.......

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From another website:

Under the Sunni Law, the proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage.

The parties contracting marriage must be acting under their free will and consent.

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I hope this helps sis!

Answer 8

as far as I remember, when I researched the topic, I found out that the two witnesses must be men, and the guardian of the women must be father, or brother, or grandfather, or uncle and the like(as stated in the Qur'an), and usually an imaam or qadi.

Edit: and the other important matter in the contract is the mahr/wedding gift by the groom to the bride.

They called upon the angels to witness their marriage.

http://www.islam-qa.com/en/ref/44978/mar...

you can search the topic more in this website above.

http://www.abdurrahman.org/character/aha...

Audio http://understand-islam.net/audio/androm...

Edit:

Nimmy,

the imam or qadi is there to make the legal contract, who would deal with any legal issues that may arise after marriage.  The guardian is there to look out for her safety and protection, and the ruling is different if the women was previously married etc.

The witnesses are seperate from the one who deals with the legal matters and the one who gives the hand of the daughter, sister, niece etc. to the groom.  Eventhough the witness can be from family members etc.

There was a new convert sister here, and the people helping her pushed her into marrying one of the brothers there, the so called imaam is the friend of the groom, and the witnesses were the friends of the groom, and the imaam was her guardian... this lead to many problems becuz those men weren't the best brothers out there, and she wanted to divorce soon after and had to go to her wali, who's the imam, who is the friend of the groom.  It is important to have a proper learned imam(leader) or qadi(judge), and not just anyone

But for sisters who are converts, and don't have a guardian from family, her wali is an imaam or someone older/mature of the Muslim community, and i am not sure if the same imaam can conduct the marriage, or not.  

The rulings are there as they are for protection of the rights of the couple, specially the women.  so please try to be very careful, when anyone is making a decision on this... really not something to be hasty about.

Answer 9

Name of Questioner



Adam   - United Kingdom



Title



Conditions of Witnesses to the Marriage Contract



Question



Dear scholars, As-Salamu `alaykum. What are the conditions of marriage witnesses? Can a groom's brother be considered a witness to the marriage contract? Jazakum Allah khayran!



Date



14/Sep/2004



Name of Counsellor



A Group of Islamic Researchers



Topic



Marriage





Answer



Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your pursuit of knowledge and your eagerness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

Two witnesses are needed for a marriage contract. The Prophet (peace and blessings be upon him) said: "There is no marriage without a wali (guardian) and two witnesses." The witnesses should be sane and mature. They should identify the two spouses and be aware of all the needed requirements of marriage, such as dower. That has nothing to do with being a relative or not. Moreover, the imam or the person who handles the marriage contract could be counted as a witness. As long as the marriage is established on a mutual approval in front of the two witnesses, the marriage is valid.

In his well-known book, Fiqh As-Sunnah, Sheikh Sayyed Sabiq states:

    The conditions required in witnesses (to a marriage contract) are: to be of sound mind, to have reached the age of puberty, to be of sound hearing so that they can hear and understand what the parties to the contract are concluding.

    Accordingly, if a boy, an insane, dumb, or drunk person witnessed a marriage contract, it would not be valid, for he could not get what he was witnessing.

    As for the uprightness of the witnesses, the Hanafi school believes that it is not a condition for them to be upright. The Hanafi scholars are of the opinion that a corrupt person may attest to the marriage contract and that whoever may be a bride's guardian may also serve as a witness to a marriage contract, for the purpose of having witnesses to the marriage contract is principally to make it public.

    But the Shafi`i scholars are of the opinion that the witnesses to a marriage contract are to be upright, for the Prophet (peace and blessings be upon him) said: "There is no marriage without a wali (guardian) and two upright, trustworthy witnesses."

    The Shafi`i scholars differed as to the validity of the marriage contract if the uprightness of its witnesses was not known to people. The prominent opinion in the school is that the contract be valid, for marriages take place among average, common people, and if they were made responsible to know the inward uprightness of witnesses, it would cause them difficulties.

    Accordingly, the criterion for regarding a witness to be upright is to appear so to people. This entails that if a witness is proved not to be upright after concluding the marriage (not before it), this is not to affect the validity of the marriage.

    The Shafi`i and Hanbali scholars believe that the witnesses to a marriage contract are also to be male. According to them, if a man and two women attested to a marriage contract, it would not be valid. They cite as evidence in that regard a statement reported by Abu `Ubayd from Az-Zuhri who said: "It was regarded as Sunnah of the Prophet (peace and blessings be upon him) that women are not to bear witness in cases with regard to punishments, marriage, and divorce." They also give as reasoning for their opinion that the marriage contract is not like business contracts and is usually attended by men, so, the testimony of women would not be effective in proving it.

    On the other hand, the Hanafi scholars believe that women's testifying to a marriage contract is valid. They say that it is valid that a man and two women bear witness to a marriage contract, as is the case of two men. They cite as evidence of their view Almighty Allah's words: "And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses." (Al-Baqarah: 282). They also say that a marriage contract is like the sale one in that there is a mutual compensation for the contracting parties, and so, it may be proved by the testimony of two women with a man.

    As for it being a requirement that the witness be Muslim, there is no scholarly difference as to that when the contracting parties are both Muslims.

    The scholars have differed when the groom is a Muslim and the bride is Christian or Jew. According to Imam Ahmad, Imam Ash-Shafi`i and Muhammad ibn Al-Hassan, if a non-Muslim bore witness to a marriage contract in which the groom is Muslim, it would be invalid, for the testimony of a non-Muslim is not acceptable in the marriage of a Muslim.

    Abu Hanifah and Abu Yusuf, however, view that the testimony of two Christian or Jewish men to the marriage contract of a Muslim man to a Christian or Jewish woman is acceptable.

According to the above fatwa, it does not matter whether the witnesses are relatives of the spouses or not. What matters is that they meet the above mentioned conditions.  

Answer 10

Yes- I know Islamic marriage is valid without witnesses, IF WITNESSES ARE NOT AVAILABLE- (LIKE IN MAROONED ISLAND- lost in jungle for yrs.)

But for wahhabis- Two male witnesses and Iblees are MUST.