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Fatwa CenterConditions of the validity of witnesses to marriage contract
Question
selemoen eleikoum sheykuna, What are the conditions of a witness? I married and my witnesses wear people: - who shave their beards? - one doesn't pray all his prayers in time? - they all had isbaal, pants below ancles? If i read the conditions of witnesses that they must be adl and have no mistakes i fear that nobody his marriage in my direct surrounding would meet this conditions because everyone i know has some flaw like: shaving beards, isbaal, caught one time lying, eating a lot, not praying all prayers in time, doesn't fulfill 3ahd with me (like coming to appointments which are made between us), gossiping (a little bit but still gossiping), etc. Or is the only condition a witness has to meet is that the jama3aah sees him as a good guy, he can make mistakes and has made mistakes but over all he has a good reputation without digging to much into his past? baraka Allahu fieka wassalaam, Faouzi
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The majority of Muslim scholars view that having witnesses to the marriage contract is one of the conditions of its validity. However, they held different opinions regarding stipulating that the witnesses should be 'Adl (i.e. trustworthy and righteous). Anyway, if this is something stipulated, it is not stipulated to investigate deeply its reality; however, it is sufficient that the witness's Fisq (dissoluteness) is not known.
Also, some scholars view that the one who does something prohibited as the result of misjudgment is not regarded as Faasiq (dissolute). Moreover, the matters that have become widespread in some countries such as Isbaal (letting garments reach below the ankle) and shaving the beard should not be regarded as a defect in someone's trustworthy and righteous.
Allaah Knows best.
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