Muslim Marriage FAQs
We have compiled a list of frequently asked questions on legal and religious marriage and divorce. These are designed to help individuals understand the law and their rights, enabling them to make informed decisions.
7. Do we need witnesses to the Nikah?
Most scholars agree that witnesses are needed for the Nikah to be valid.
The Hanafi school of thought states that it is essential to have witnesses for the marriage to be considered valid. However, the Qur’an does not mention witnesses for a Nikah contract, so some scholars will consider a Nikah without witnesses to be acceptable but this is not recommended due to the underlying reason for the requirement.
Witnesses could help to confirm that neither party has been coerced or forced into the marriage and act as a layer of protection for the woman, by ensuring that her rights have been upheld. Therefore, it is advisable and desirable to have witnesses.
The Hanafi school of thought states that it is essential to have witnesses for the marriage to be considered valid. However, the Qur’an does not mention witnesses for a Nikah contract, so some scholars will consider a Nikah without witnesses to be acceptable but this is not recommended due to the underlying reason for the requirement.
Witnesses could help to confirm that neither party has been coerced or forced into the marriage and act as a layer of protection for the woman, by ensuring that her rights have been upheld. Therefore, it is advisable and desirable to have witnesses.
8. Who can be witnesses for a Nikah?
All those present at the nikah ceremony can be witnesses to the contract, but it is good practice to have two formal witnesses who take on the important responsibility of checking that neither the bride nor the groom are being forced into the marriage and that the rights of the bride are being upheld. They can also sign any written contract and be called upon in the future if any disputes or issues arise regarding the validity or details of the nikah.
The witnesses must be mentally sane, adult Muslims.
There is a difference of opinion across the various Islamic Schools of Thought and Muslim state practice on potential gender requirements and gender mix of witnesses to a Nikah. For example, the Shafi’i and Hanbali schools of law specify that the witnesses must be males. This is contradicted by other opinions.
Some Muslim countries and communities do not specify the religion and gender of the witnesses and just require them to be two adults.
In the case where the marriage is to a Christian or Jewish woman, Hanafi scholars have said that the witnesses can be Christian or Jewish also. Witnesses don’t have to be related to the bride or groom.
Shafi’i scholars also say the witnesses must be morally upright individuals.
Imam al-Quduri (RA) states in his al-Mukhtasar:
“Marriage is contracted by proposal and acceptance, in two statements, both of them expressing the past tense, or one of them expressing the past and the other the future, such as one saying, “Marry (your daughter) to me” and the other saying, “I have married (her) to you”. The marriage of Muslims is not contracted without the presence of two free, adult, sane, Muslim male witnesses, or one man and two women, whether they be morally upright (adil) or non-upright.” (Mukhtasar al-Quduri, 2/140)
The requirement of two female witnesses here is not intended to denote their equivalence to a single male witness. Rather, it reflects the customary practice of women being in public in pairs as a means for their own comfort. Questions arise as to whether this continues to be a modern day requirement.
The witnesses must be mentally sane, adult Muslims.
There is a difference of opinion across the various Islamic Schools of Thought and Muslim state practice on potential gender requirements and gender mix of witnesses to a Nikah. For example, the Shafi’i and Hanbali schools of law specify that the witnesses must be males. This is contradicted by other opinions.
Some Muslim countries and communities do not specify the religion and gender of the witnesses and just require them to be two adults.
In the case where the marriage is to a Christian or Jewish woman, Hanafi scholars have said that the witnesses can be Christian or Jewish also. Witnesses don’t have to be related to the bride or groom.
Shafi’i scholars also say the witnesses must be morally upright individuals.
Imam al-Quduri (RA) states in his al-Mukhtasar:
“Marriage is contracted by proposal and acceptance, in two statements, both of them expressing the past tense, or one of them expressing the past and the other the future, such as one saying, “Marry (your daughter) to me” and the other saying, “I have married (her) to you”. The marriage of Muslims is not contracted without the presence of two free, adult, sane, Muslim male witnesses, or one man and two women, whether they be morally upright (adil) or non-upright.” (Mukhtasar al-Quduri, 2/140)
The requirement of two female witnesses here is not intended to denote their equivalence to a single male witness. Rather, it reflects the customary practice of women being in public in pairs as a means for their own comfort. Questions arise as to whether this continues to be a modern day requirement.
9. Do I need a male guardian (wali) to get married?
The Hanafi School allows a woman to get married without a wali.
A hadith such as where the Prophet (SAW) said ‘There is no marriage without the guardian’ has been interpreted by scholars of the Shafi’i, Maliki and Hanbali schools to mean that a marriage without the presence of a guardian is invalid.
A wali is usually a father or other close Muslim male relative, if possible. If need be, the bride can appoint an agent- a wakeel- to act on her behalf. This might be the case if she has no male relatives to act as wali.
A hadith such as where the Prophet (SAW) said ‘There is no marriage without the guardian’ has been interpreted by scholars of the Shafi’i, Maliki and Hanbali schools to mean that a marriage without the presence of a guardian is invalid.
A wali is usually a father or other close Muslim male relative, if possible. If need be, the bride can appoint an agent- a wakeel- to act on her behalf. This might be the case if she has no male relatives to act as wali.
10. Who can be a wali for a Muslim woman whose male relatives are not Muslim?
If a Muslim woman’s father is not Muslim, she can appoint a trustworthy Muslim man to serve as her wali.
Some women may wish this role to be fulfilled by a parent despite the faith aspect. Parents can and should be involved in the wedding process as much as possible as part of honoring parents. The requirement for a Muslim wali is simply to ensure her rights under Islamic law are upheld in the Nikah, which a non-Muslim parent may not be familiar with.
Some women may wish this role to be fulfilled by a parent despite the faith aspect. Parents can and should be involved in the wedding process as much as possible as part of honoring parents. The requirement for a Muslim wali is simply to ensure her rights under Islamic law are upheld in the Nikah, which a non-Muslim parent may not be familiar with.