Is a Marriage Valid if One Witness Was an Apostate but Others Two Were Muslims?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Does the ruling that a wedding remains valid if an apostate was a witness, provided there were two other Muslim men or one Muslim man and two Muslim women, apply in the Hanafi madhhab, or is it unanimously agreed upon?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

Yes, the marriage will be valid as there were two other Muslim men or one Muslim man and two Muslim women.

Marriage Contract (Nikah)

Marriage is concluded and contracted with the offer and acceptance in the presence of two male witnesses or one male and two female witnesses. [Ibn ‘Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.