Back to search
The question

Is a marriage contract considered valid if it was concluded in the absence of witnesses, and the guardian was also a witness at the same time, or if the authorized marriage official (ma'dhoun) was both a scribe and a witness, and what are the implications of its invalidity if the husband suffers from amnesia?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The father's testimony for marriage is not valid, because the guardian's testimony is not accepted. The testimony of a mature Muslim servant is valid, as is that of the officiant if his role is limited to the contract procedures.

The marriage is valid in this regard. Some scholars have validated marriage with public announcement even without two witnesses. Therefore, the marriage is valid.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
175397
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy