Islamic Marriage Contract - Witnessing

Witnessing

In Sunni Islam, a marriage contract must have two male witnesses, or, in the Hanafi school of jurisprudence, one man and two women, if a second male is unavailable. Proper witnessing is critical to the validation of the marriage, also acting as a protection against suspicions of adulterous relationships. The importance of this is demonstrated in a narration in which a case was brought before the second caliph Umar concerning a marriage which had been witnessed by only one man and one woman (i.e. the paticipants); he responded: "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

In Shia Islam, witnesses to a marriage are deemed unnecessary. It is also believed that temporary marriage, or Nikah Mut'ah (a type of contract which had more relaxed requirements) was prohibited in Sunni Islam, the necessity of witnessing was introduced by Sunni caliphs, specifically Umar, to ensure that no couples engaged in secret union.

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