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  4. Do you need witnesses when signing marriage contract?

Do you need witnesses when signing marriage contract?

Scheduled Pinned Locked Moved Marriage & Divorce
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  • A Offline
    A Offline
    Amra94
    wrote on last edited by
    #1

    I dont think the Quran says anything about witnesses but Im not 100% sure. Help please

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    • N Offline
      N Offline
      Novice
      wrote on last edited by
      #2

      I dont think the Quran says anything about witnesses but Im not 100% sure. Help please

      I don't remember any ayat in Quran requiring witness for marriage. However if law of the land requires witness then i guess there is no harm in practicing it. Marriage is a contract between two persons and having witness could be a good practice.

      Salaam

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      • WakasW Offline
        WakasW Offline
        Wakas
        wrote on last edited by
        #3

        From http//www.misconceptions-about-islam.com/muhammad-married-young-girl.htm

        What does The Quran say on the age of marriage?

        The Quran does not state a specific legal age of marriage, however it does give a guideline and mentions situations and conditions that should be considered before marriage

        Determining mutual attraction/compatibility
        Ascertaining whether the potential partner is of similar beliefs/faith
        Discussion of and agreeing to the level of dower and other terms (if any)
        Understanding and mutual acceptance of marriage as a solemn/strong oath/contract
        If male, capable of providing for the family/household
        To have physically matured / post-puberty
        To have the marriage contract/oaths witnessed

        If the marriage is unsuccessful, one should also be capable of undertaking divorce proceedings, e.g. separation period, arbitration, discussion of settlement etc .

        All information is correct to the best of my knowledge only and thus should not be taken as a fact. One should always seek knowledge and verify for themselves when possible: 17:36, 20:114, 35:28, 49:6, 58:11.

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        • E Offline
          E Offline
          No longer a Sunna-rejecter
          wrote on last edited by
          #4

          As far as I understand, no contract or witnesses are needed, only mithaq/verbal agreement and dowry. Either way, if you live in the U.S. for instance, any woman can screw her husband over with or without a pre-nuptial or other contract. So what practical use is the contract supposed to give? If you commit cuckolding/zina, is someone going to lash you and ask for proof of marriage through the contract?

          From http//www.misconceptions-about-islam.com/muhammad-married-young-girl.htm

          I already addressed the verses you quoted and they're not relevant in supporting a marriage contract or witnesses to such a contract.

          I am no longer a Sunna-rejecter. See 4:59-65, 62:2-4, 3:31, 4:156, 7:157 Messenger teaches and is to be followed and obeyed. Examples of revelation received which is not in the Qur'an: 3:123-126, 33:37, 2:187, 66:3, 62:9.

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          • E Offline
            E Offline
            No longer a Sunna-rejecter
            wrote on last edited by
            #5

            By the way, you are marrying a Sunni Muslim, correct?

            In general, what do people think of marrying Sunnis?

            I am no longer a Sunna-rejecter. See 4:59-65, 62:2-4, 3:31, 4:156, 7:157 Messenger teaches and is to be followed and obeyed. Examples of revelation received which is not in the Qur'an: 3:123-126, 33:37, 2:187, 66:3, 62:9.

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            • A Offline
              A Offline
              Amra94
              wrote on last edited by
              #6

              By the way, you are marrying a Sunni Muslim, correct?

              No he's a Quran alone Muslim

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              • H Offline
                H Offline
                HP_TECH
                wrote on last edited by
                #7

                Amra you have never been the type to ask help with such things, you are rather the one who provides the inquirers with verses upon verses.

                What is going on?

                Take your time my friend do not rush. Regain your firmness in the Scripture once again and do not seek an outcome that favors your desires.

                There are two evidence for which I would discourage any marriage proceedings to undergo without permission of family or witnesses among the families.

                1. Quran Surah 425
                  http//corpus.quran.com/wordbyword.jsp?chapter=4&verse=25#(42524)

                (42524)
                bi-idh'ni
                with (the) permission P ? prefixed preposition bi
                N ? genitive masculine noun

                (42525)
                ahlihinna
                (of) their family N ? genitive masculine noun
                PRON ? 3rd person feminine plural possessive pronoun

                1. The Quran is specific about representatives from respective families to intervene in case of a divorce as arbitrators. If you proceed without a representative or even a witness, however, then how can your family represent you or support you in the event of a dissension?
                  Quran Surah 435
                  http//corpus.quran.com/wordbyword.jsp?chapter=4&verse=35
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                • E Offline
                  E Offline
                  es
                  wrote on last edited by
                  #8

                  Peace,

                  I agree with brother HP. I was also taken aback. I think HP has provided you with excellent advice, sister.

                  Anyway, I wish you all the best.

                  Peace.

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                  • A Offline
                    A Offline
                    Amra94
                    wrote on last edited by
                    #9
                    1. Quran Surah 425
                      http//corpus.quran.com/wordbyword.jsp?chapter=4&verse=25#(42524)

                    (42524)
                    bi-idh'ni
                    with (the) permission P ? prefixed preposition bi
                    N ? genitive masculine noun

                    (42525)
                    ahlihinna
                    (of) their family N ? genitive masculine noun
                    PRON ? 3rd person feminine plural possessive pronoun

                    Thats about marrying slave girls. If everyone needed families permission it would be really hard to get married

                    1. The Quran is specific about representatives from respective families to intervene in case of a divorce as arbitrators. If you proceed without a representative or even a witness, however, then how can your family represent you or support you in the event of a dissension?
                      Quran Surah 435
                      http//corpus.quran.com/wordbyword.jsp?chapter=4&verse=35

                    Does it have to be family members or can it be other representitives since the word can mean people

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                    • H Offline
                      H Offline
                      HP_TECH
                      wrote on last edited by
                      #10

                      Thats about marrying slave girls. If everyone needed families permission it would be really hard to get married

                      So if that is about slave girls, requiring their pursuers to receive permission from their peoples or families, do you think the other women would be exempt? That logic does not follow Amra.
                      Perhaps it is intended not to be an extremely easy matter. After all, no matter how you look at it marriage is not just between the groom and bride it literally involves both families it is a union of families. It is a serious matter.
                      Also think about how the acquisition of wealth for a man in order to afford a dowry for a wife is emphasized and portrayed as a feat which would require much patience on behalf of a man. Again it is definitely not intended to be a light matter Amra. Getting permission is something that traditionally every man has done since time immemorial and there have not been shortages of marriages by this requisite.
                      Just do what Allah commands.

                      Does it have to be family members or can it be other representitives since the word can mean people

                      Why do you want to exclude your family? Do not proceed without your parents leave
                      I am very confident the root word used is i this context referring to relatives, you may certainly have friends or family friends which could in my opinion fill this role. However, the tone and context favor someone you are familiar with. Someone who unconditionally supports you.

                      Give charities and hold fast to salat and make duah in humility for a sign from God and guidance in this matter sister
                      Do not rush

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                      • M Offline
                        M Offline
                        Mist
                        wrote on last edited by
                        #11

                        Does it have to be family members or can it be other representitives since the word can mean people

                        Exclude your parents since they're oppressing your life. Find someone else that's close to you.
                        God can see what you're going through, most family loving traditionalists wouldn't understand, props to those who do.

                        After all, no matter how you look at it marriage is not just between the groom and bride it literally involves both families it is a union of families. It is a serious matter.

                        "No matter how you look at it" What HP_TECH means by this is, your views don't matter so how about seeing it my(HP_TECH) way.
                        Marriage is between the husband and the wife. Eloping isn't what you like, and it is obvious from your words. Direct your advice to those who have a supportive relationship with their parents.

                        Just do what Allah commands.

                        In other words, do what HP_TECH says. By the way, It's God or , not Allah.

                        Amra, proceed without your parents. They're already disobeying God with their actions. You can amicably disregard what they have to say. (Verse 3115)

                        Do what feels right to you.
                        Peace.

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                        • E Offline
                          E Offline
                          No longer a Sunna-rejecter
                          wrote on last edited by
                          #12

                          Re slave girls

                          "Fatayati" are not slave girls. My current view can be found here https//free-minds.org/forum/index.php?topic=9609844.msg412710#msg412710

                          I am no longer a Sunna-rejecter. See 4:59-65, 62:2-4, 3:31, 4:156, 7:157 Messenger teaches and is to be followed and obeyed. Examples of revelation received which is not in the Qur'an: 3:123-126, 33:37, 2:187, 66:3, 62:9.

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                          • A Offline
                            A Offline
                            Amra94
                            wrote on last edited by
                            #13

                            Can the witnesses be any two just men or do they have to be believers?

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