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The question

"Is a marriage contract valid if witnessed by the wife's brother and the husband's brother, with the presence of the guardian and the rest of the family? "

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"The jurists differed regarding the testimony of siblings on the marriage contract of their brother or sister based on several opinions:

Hanafi: They permitted their testimony and the contract is valid with it initially.

Maliki: They did not permit the testimony of someone who could be a guardian for the wife.

Shafi'i: They permitted the testimony of siblings on the condition that no other guardian is appointed in the contract.

Hanbali: They permitted the testimony of those not from the direct line of descent unless the witness is a son of the guardian.

The predominant view is the validity of the contract with the testimony of siblings on the condition that none of them are a guardian for their sister. This aligns with the Hanafi, Shafi'i, and Hanbali schools of thought with their stated conditions."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
46932
Imported
Translation status
Source text, unreviewed
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