Can a False Marriage Claim with False Witnesses Be Valid in a Sharia Court?

Answered by Shaykh Abdul-Rahim Reasat

Question

Can a false claim of marriage with false witnesses be accepted by a Sharia court, resulting in a valid marriage?

Answer

No, such a claim cannot result in a valid marriage, not even in a Shari’a court. A marriage is a verbal contract done in the presence of witnesses who fulfil certain criteria. If the contract didn’t happen, or the “witnesses” were not even present, then a Shari’a court cannot render it into a valid marriage. [Maydani, Lubab]

A new marriage can be conducted by both parties if required.

Marriage is an institution granted to us by Allah. He approved it and made it central to the way of His Messenger (Allah bless him and give him peace), who said, “Marriage is my way (Sunna).” [Ibn Maja] Treat it with respect and reverence as you will treat something Allah holds in high regard.

Shortcuts and questionable approaches don’t bring the ease and facilitation marriage is supposed to bring. May Allah allow us to wholeheartedly accept what He has revealed to us. Amin.

[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began studying Arabic Grammar and Morphology whilst studying for a degree in English and History. After graduating, He traveled to Damascus and studied Arabic, Hanafi Fiqh, Usul al-Fiqh, Theology, and Logic with Shaykh Adnan Darwish, Shaykh ‘Abd al-Rahman Arjan al-Binsawi, Shaykh Husayn Darwish, Shaykh Muhammad Darwish, the late Shaykh Rashad Shams, and others. He then moved to Amman to continue his studies in those fields, as well as in Tafsir, Quranic Sciences, Hadith Methodology and Commentary, Prophetic Biography, Prophetic Perfections and Traits, Rhetoric, Arabic Literature, and Tajwid. His teachers include Shaykh Ali Hani, Dr. Hamza al-Bakri, Dr Salah Abu al-Hajj, Dr Mansur Abu Zina, Shaykh Ahmad Hasanat, Shaykh Ahmad Jammal, and others