They do not know if the witness to their marriage prays or not

20-10-2013 | IslamWeb

Question:

I hope you can answer this question regarding Nikkah. If a couple had the marriage contract performed in a masjid with the wali present and one witness was the Imam of the mosque and the second witness was provided by the mosque and there were no other witnesses present and the Imam introduced the second witness as our respected trustee of the mosque. The couple didn't ask if he prayed but assumed he did because of his position as trustee but he didn't have beard. Should we doubt he prayed ? and is he a valid witness and is the nikkah valid? (There is nothing to suggest he didn't pray just doubts in the mind ). Jazakallah hu Khair

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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 is His slave and Messenger.

In principle, a Muslim is innocent until proven otherwise, so it is not permissible to think evil of a Muslim without evidence. Allaah says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.}[Quran 49:12]

It is even more recommended to think good of the Muslim if he is introduced by the Imaam of the Masjid as a witness. Moreover, the fact that he is a member of the Board of Trustees of the Masjid repels to a great extent the doubt that he does not pray.

Therefore, if the marriage contract took place in the presence of the guardian and two Muslim witnesses and they witnessed the marriage contract, then this marriage is valid and it leads to its effects. For more benefit, please refer to Fatwa 86384.

Hence, such doubt should be ignored and this married couple should continue their marital life and base it on affection and kindness.

Allaah Knows best.