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:

Respected Sirs, Asalamualikum

I would like the Islamic view on the role of a witness in NIkah. In particularly, if some one witnesses the second marriage of the same person to a seperate individuals, knowing full well that they are married and still have a wife, who hasnt given consent and the husband is lieing in his second marriage. What are the obligations to this witness and if they fail to eg speak out and inform the imam performing the nikkah in the Second Marriage , under islamic law are they punishable if so how ? can you please let me know.

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Answer:

Role of witnesses in nikaah marriage

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

If the person who is called to bear witness to the ‘nikaah’ contract knows, or is asked, or a falsehood is declared or documented in his presence, and the witness remains silent or does not declare the truth, he will be guilty of the abomination of bearing false witness in the Sight of Shairah Law and in the Sight of Allah Subhanah.

Sahih Al-Bukhari Hadith 8.7 Narrated by Abu Bakra

Allah's Messenger (saws) said thrice, "Shall I not inform you of the biggest of the ‘Major’ sins?" We said, "Yes, O Allah's Messenger (saws)" He (saws) said, ‘(1) To join partners in worship with Allah; (2) to be undutiful to one's parents.’ The Prophet then sat up after he had been reclining and added, ‘3’ and I warn you against giving forged statement and bearing false witness; I warn you against giving a forged statement and bearing false witness….." The Prophet kept on saying that warning till we thought that he (saws) would not stop!

If the witness is found guilty and convicted in a Shariah Court of Law for intentionally bearing false witness, the Shariah Judge is well within his rights to prescribe a severe penalty in terms of a fine, or lashing, or a prison term in accordance with the law.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan