Back to search
The question

Is the testimony of a lawyer and a ma’dhūn valid in a marriage contract, and does the involvement of a lawyer in the contract affect its validity?

Share this answer

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

Scholars have differed regarding the ruling on marriage without a guardian (wali). The majority holds that it is invalid, contrary to Abu Hanifa's view. The preponderant opinion for us is that of the majority. However, if the contract is concluded in imitation of Abu Hanifa's school of thought, then it is enforced. The Hanafis stipulate the testimony of two just witnesses, provided that the officiant is not one of them. If the officiant (ma'dhun) is merely a reciter and not the one concluding the contract, then his testimony is acceptable, as is the testimony of a lawyer if he meets the conditions for testimony. His act of writing the contract does not invalidate it, and thus the marriage is valid.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
181458
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy