Is Imam counted as one of the witnesses?
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:
I know there has to be atleast 2 male muslim witnesses for a muslim Nikah. Does this include the imam performing the Nikah or does it have to be 2 others beside him?
(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:
Is Imam counted as
one of the witnesses?
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.
The truth of the matter is that
although it is the norm today, there is
absolutely no condition that an ‘imam’ or a particular person has to perform
the Nikaah. If a man proposes and the
woman accepts the proposal, the mehr is
determined, and there are two witnesses
to this proposal and acceptance; then
the Nikaah will be considered absolutely valid and legal in the sight of
Shariah.
Thus, the imam or person performing the Nikaah can be one of the two
witnesses, and the Nikaah will be
considered absolutely valid and legal.
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