Tibyān

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F121Chapter on the Pillars of the Contract

The Requirement of Witnesses in Marriage and Their Qualifications

Are witnesses required for the contract's validity, and what qualifications count in them — such as uprightness and being male?

Hanafi

Witnessing is a condition of the contract's validity, and it is valid in the presence of two men or of one man and two women. Required of them are freedom, sound mind, majority, and Islam if both spouses are Muslim. Uprightness is not required, so it is concluded in the presence of men of open sin.

Maliki

Witnessing is a condition for the validity of consummation, not of the contract itself, though their presence at the contract is recommended. Required of the two witnesses are: being male, sound mind, majority, Islam, and uprightness. The testimony of women is not accepted in marriage.

Shāfiʿī

Witnessing is a pillar of marriage and a condition of its validity, so it is not concluded except in the presence of two witnesses. Required of them are: being male, sound mind, majority, Islam, uprightness, hearing, sight, and understanding of the language of the contract.

Hanbali

Witnesses are a condition of the contract's validity, and it is valid only with two men who are legally accountable, Muslim and upright, even if only outwardly. The testimony of women is not valid in marriage, nor that of men of open sin.