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The question

Is it preferable to renew the marriage contract due to the presence of a witness who is an innovator (follower of bid‘ah) whose innovation does not amount to disbelief, knowing that the husband has not yet consummated the marriage with his wife, and is it possible to send a new witness to ask the guardian if he married his daughter a week ago?

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

Justice is a prerequisite for a witness, which means refraining from major sins and mostly abandoning minor sins. It is not a condition for a just person to be free from innovations (bid'ah), unless these innovations are a cause for disbelief. Thus, "the testimony of an innovator whom we do not declare a disbeliever is accepted." If the third witness is just, the matter is clear. Otherwise, the contract is valid with the testimony of a just innovator whose innovation is not a cause for disbelief, and there is no need to re-do the contract.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
77746
Imported
Translation status
Source text, unreviewed
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