In our country Sri Lanka a marriage registration has to be signed by: (1) the bridegroom (2) the guardian of the groom and (3) 2 witnesses. My question is can a non-Muslim sign as a witness; as this witness is called for in case of a divorce arise. We have a marriage registration law for Muslims different from non-Muslims and our Muslim divorce cases are handled by a Qazi court. Most of our local Ulama who know the above registration law say it is not correct for a non-Muslim to sign as a witness. I would like to know your ruling in the above matter as this has not happened in our town or country as far as I know, I am 56 years old.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 311/258/B=01/1435)

It is necessary that two Muslim witnesses are present in the nikah of a Muslim. A non-Muslim cannot become the witness of a Muslim in nikah. So it shall not be valid if a non-Muslim signs as a witness in the nikah of a Muslim. Those who say it correct are wrong and what the local Ulama say is correct.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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