Q: My father in law asked his daughter in front of myself and my two uncles whether she agreed to marry my brother. She allegedly replied ‘yes.’ My wife seen her sister nod her approval. My two uncles both heard the reply but I neither heard the question nor the reply because it was done in such a soft tone. Subsequently, in my presence and my brother in laws presence she was asked again to clarify. This time I heard the reply. My question is that tomorrow at the Musjid my uncle and I are witnesses to this marriage on the documentation that the girl signed. My uncle and I will also have to sign the same or another document.
- Will the marriage be valid based on the fact that, when asked by the Imam, both witnesses on the documentation, my uncle and I did not both hear the girl say yes at the same time, i.e. I heard her say yes about half hour later, when the girl was asked again.
- Is it permissible for me to sign the document saying I was a witness and say so when asked by the imam.
A: All that are present in the musjid are witnesses to the nikaah. Witnesses are not required for the brides representative. Witnesses are only required for the contracting of the nikaah.
ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف (الهداية 2/306)
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)