Is it permissible to marry in a non-Islamic country with non-Muslim witnesses?
For a marriage to be valid, it is stipulated that there be two just Muslim witnesses, based on the Prophet’s (peace and blessings be upon him) saying: “There is no marriage except with a guardian and two just witnesses.” The Malikis held the view that delaying the witnessing until before consummation is permissible. Some scholars are of the opinion that witnessing is not a condition, but rather the announcement of the marriage is sufficient. This is the view of Az-Zuhri and Imam Malik, and it was chosen by Sheikh al-Islam Ibn Taymiyyah and preferred by Sheikh Ibn Uthaymeen. If the marriage was announced and became well-known, then it is valid. However, it is preferable to re- عقد (contract) the marriage in the presence of the guardian and two just witnesses, based on the opinion of the majority of scholars.
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- 5899
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