Question:
Is it permissible for an apostate to be a witness for a nikah?
Answer:
Dear questioner,
Thank you for your important question.
May Allah, Most High reward you for your desire to increase in knowledge.
Uttering a statement of disbelief removes one from the fold of Islam if spoken from a place of knowledge and not ignorance.
If a Muslim says, “I do not agree with a woman having to wear hijab.” This is not a statement of disbelief as long as the speaker still believes that everything revealed in the Quran is true and from Allah, Most High.
If a Muslim says, “I do not believe in the verse of hijab found in the Quran.” This is a clear statement of disbelief.
The individual who utters a clear statement of disbelief and does not retract it may not be a witness for a wedding ceremony.
If the wedding ceremony already took place with this individual as a witness, it is valid as long as either:
There were at least two other Muslim men present during the wedding ceremony or one Muslim man and two Muslim women.
This individual was not known to have spoken such words at that time.
[Maydani, al-Lubab/ al-Nawawi, al-Tibyan]
And Allah alone knows best,
[Ustadh] Omar Popal
Checked and Approved by Shaykh Faraz Rabbani