Witnessing in the contract
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Witnessing in the contract. Ruling on witnesses in the contract. All scholars agreed that having witnesses witnessing the contract is OBLIGATORY, and THAT A CONTRACT THAT DOES NOT HAVE WITNESSES IS VOID.

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Witnessing in the contract

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Witnessing in the contract

Witnessing in the contract


Ruling on witnesses in the contract

Ruling on witnesses in the contract

  • All scholars agreed that having witnesses witnessing the contract is OBLIGATORY, and THAT A CONTRACT THAT DOES NOT HAVE WITNESSES IS VOID.

  • All scholars agreed that a contract that had two male witnesses and announced in a wedding is a valid contract

  • Scholars had different opinions:

    • on a contract that had witnesses but was not announced,

    • or agreed not to announce it.

    • They also had different opinions if it was announced but witnesses during the contract were not there.


The least number of witnesses

The least number of witnesses

  • Two men is the least number

  • The prophet peace be upon him said: “لا نكاح إلا بولي وشاهدي عدل» “ every marriage must have a waliy and two pious witnesses” the hadith is authentic as mentioned by الألباني.

  • The prophet peace be upon him said: “لا نكاح إلا بشاهدي عدل وولي مرشد»

    • Every marriage must have two pious witnesses, and an advising waliy”


Conditions on witnesses

Conditions on witnesses

  • Witnesses must be:

    • Full state of mind

    • Reached the age of puberty

    • Muslim, with no different opinions.

    • male hood. Yet, Hanafi, and some Hanbali scholars disagreed and said two women apply on behalf of one, based on the ayah that considered that if one might forget, the other will remind her.. See surah Albaqara282

    • Piety, scholars had different opinions about. Many scholars just say the person is at least a good person as to what people know of him.

    • Able to hear the offer and consent from both parties


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