A non-Muslim may not be witness to a Muslim marriage contract

11-1-2014 | IslamWeb

Question:

Assalammu Allaikum, In Sri Lanka we are required to register the marriage, muslims should abide by the Muslim Marriage and divoce Registration act and the non muslims by marriage Registration act (General). In the form provided for registration the following has to sign (a) the bridegroom (b) the wali of the bride (c) 2 withnesses present at the Nikah ceremony (d) the muslim registor who conducted the Nikak. My question is does the Sharia law permit a non-muslim to sign as withness of a nikah registration contract even if he is the President of our country and if done so is the Nikah valid. Expecting a reply as this is happen in 2 weeks time and for the first time in about 60 years as far as i know in our town where there are about 30,000 muslims living and another nikah is to follow suit where the same President is to sign as withness.
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His Slave and Messenger.

Having witnesses is a condition for the validity of the marriage, and it is also a condition that the two witnesses be Muslims. The testimony of a non-Muslim is not valid for the marriage of a Muslim.

Therefore, if the marriage contract was concluded with two or more Muslim men as witnesses, then it is a valid marriage (even it is not registered nor signed).

As regards registering the marriage on paper, then this is for additional confirmation and it does not affect the validity of the marriage. If this document is signed by a non-Muslim, it does not affect the validity of the marriage.

For more benefit, please refer to Fatwa 224146.

Allaah Knows best.

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