Back to search
The question

Is marriage to a woman of the People of the Book in a non-Muslim country valid if it takes place in court before a judge, with the witnesses being a man and two women from the People of the Book (the wife's brother, her sister, and a female friend of hers)?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For marriage to a Christian or a Muslim woman, a guardian and witnesses are required. The witnesses must be Muslims; therefore, a contract is not valid with the testimony of non-Muslims. The majority of scholars stipulate the presence of witnesses at the time of the contract, while the Malikis consider it commendable and deem sufficient the attestation before consummation. If the contract was not witnessed by Muslim witnesses, neither at the time of the contract nor before consummation, then the contract is invalid, and the wife must be separated from. If they desire a lawful relationship, a new contract fulfilling the conditions must be performed. The husband is excused if he believed the contract to be valid, and any child born from it would be legitimate.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
88749
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy