Minimum number of witnesses required for Nikah. Is it possible for the wali to be a witness?
Mu' meneen Brothers
and Sisters,
As Salaam Aleikum wa
Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be
upon all of you)
One of our
brothers/sisters has asked this question:
Assalama Alaikum,
Alhamdulillah for the
efforts you are making in answering most questions asked on this forum. I
am sorry to bother you with yet another question. What are the
requirements in terms of minimum number of witnesses for a nikka to be valid
according to the sharia. Is it possible for the wali to be a witness?
Jazakallah khair for your answer.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Answer:
Minimum number of witnesses required for Nikah
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none can
misguide, and whoever He allows to fall astray, none can guide them aright. We
bear witness that there is no one (no idol,
no person, no grave, no
prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
Dear Sister in Islam, it is
indeed an honor to address your questions on the forum for the sole Pleasure of
our Merciful Lord and Creator. We
indeed feel honored and blessed by the Merciful that He has allowed us to serve
His Cause in this humble way. May
Allah Subhanah accept our humble efforts, forgive us our short-comings, and
save you, us, and all the believers from the torment of the Hell Fire. Ameen.
Your question: What are the requirements in terms of minimum number of witnesses for a nikka to be valid according to the sharia.
The minimum number of witnesses
required for a Nikaah to be valid in Shariah, is
two.
Your question: Is it possible
for the wali to be a witness?
There is no harm if the Wali is
made a witness, provided both the bride and the groom are available at the
Nikaah. Thus the Wali and one other
person can be made witnesses to the offer and acceptance contract of
Nikaah.
But if the Wali is also the
‘Wakeel’ and has been given the ‘power of attorney’ by either the bride or the
groom to accept or reject the proposal on their behalf, then the Wali cannot be
made a witness to this Nikaah. For the
Nikaah to be valid, there must be at least two witnesses to the marriage
contract.
Whatever written of Truth and
benefit is only due to Allah’s Assistance and Guidance, and whatever of error
is of me. Allah Alone Knows Best and He
is the Only Source of Strength.
Your Brother in
Islam,
Burhan