Question:
Nikah is based on several conditions. When these conditions are fulfilled, then a man and a woman are proclaimed as husband and wife. One of the conditions is:
Two adult free Muslim men witness the ceremony.
Assume that every other condition has take place without a doubt. Duas made, Kor’an is read by an imam. But there is no available two men in the village and the witnesses are imam (a male) and his wife. Both are free individuals. But both are not men. Is this marriage valid? Or it was never valid in the first place? Thank you.
Answer:
wa `alaykum salam
Some basic requirements for a valid marriage according to Shari`ah are the following:
1) Offer (ijab) from the female (herself or her guardian/agent whom she appoints to pronounce the offer on her behalf) or male (or his agent), and acceptance (qabul) from the male or female (or their agents), and that this offer and acceptance is heard and understood clearly.
2) The presence of at least two male witnesses or one male and two female witnesses, who hear and clearly understand this offer and acceptance. The Imam can serve as a witness in this case but another female witness is still needed.
Imam Senad Agic, Ph.D.
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
www.mesihat.com
