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Can non-Muslims witness marriage registration in Sri Lanka despite differing laws and Qazi court jurisdiction?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
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.

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

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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