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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on the marriage contract if one of the witnesses does not pray

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Question:
This is a questioner, Abu Abdullah, from Riyadh, who sent—truthfully—a set of questions, saying: To the Shaykh, His Eminence Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him).
A Muslim man, committed to his religion and maintaining the five daily prayers—praise be to Allah—married a committed Muslim woman. One of the witnesses to the marriage contract was a man who does not pray and may have committed major sins, such as drinking intoxicants. Is the marriage contract valid in such a case from the perspective of Islamic law?
It is known that a large number of praying Muslim men were present when the contract was written, and they witnessed the procedures of the marriage document themselves. What is the ruling on the marriage that took place between the two spouses? Is it necessary to repeat the writing of the contract?

Answer:
Yes; if, at the time of the contract—when he said, “I give you in marriage,” and when the husband said, “I accept”—only two witnesses were present, one of whom does not pray, the contract must be renewed; because he is not righteous. It must be renewed because the contract requires two righteous witnesses, along with the guardian. So if, when the contract was performed—when he said, “I give you in marriage,” when the husband said, “I accept”—only two witnesses were present, one of whom is an open sinner, known for his open sinfulness, or a disbeliever, such as one who abandons prayer, the contract is renewed. Yes.

The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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