Question:
Assalamualaikum wrm.wbt.,
What is the ruling of a person acting as the witness in a marriage ceremony of his non-Muslim friend?
Answer:
Waalaikumussalam wrm. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Scholars concluded that it is permissible for a Muslim to act as the witness for an aqad (agreement) between the non-Muslims. Syeikh al-Bujairimi Rahimahullah in Tuhfah al-Habib (4/427) stated that syarak rulings do not accept the witness of disbelievers for the aqad of Muslims. Initially, the witness for non-Muslims is permissible, however this was later abrogated according to the statement of Allah SWT:
وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّجَالِكُمْ
“And bring to witness two witnesses from among your men.”
Surah al-Baqarah (282)
The verse from (among your men) means; the Muslimin. In another statement of Allah Taala:
أَوْ آخَرَانِ مِنْ غَيْرِكُمْ
“… or two others from outside,”
Surah al-Maidah (106)
Hence, it is answered that it means someone else other than your family, or the verse is abrogated by the verse:
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ
“And bring to witness two just men from among you,”
Surah al-Talaq (2)
Likewise, it is stated in a hadith of Abu Hurairah RA, where the Prophet PBUH said:
وَلَا تَجُوزُ شَهَادَةُ مِلَّةٍ عَلَى مِلَّةٍ إِلَّا أُمَّتِي , تَجُوزُ شَهَادَتُهُمْ عَلَى مَنْ سِوَاهُمْ
“And it is impermissible for the witness of a millah (religion) on the millah of other than my ummah. It is permissible for their witness for someone other than them.”
Narrated by al-Baihaqi (20618) with a dhaif (weak) sanad
The same is stated in the fatwa issued by Permanent Committee for Scholarly Research and Ifta’ of the Saudi Arabia government in fatwa number (16010):
“There are details for the witness of Muslims on the aqad of non-Muslims. If their aqad is wrong (according to Islam) such as aqad for usury, marriage between mahram, then it is impermissible for a Muslim to act as the witness for such aqad. However, if the aqad is righteous, then it is not an issue for him to act as the witness for the marriage or others.”
Thus, we are inclined towards the opinion that it is permissible for a Muslim to act as the witness for their marriage, just as it is permissible for them to act as the witness in their aqad related to muamalat which do not contradict the syarak such as aqad for usury and marriage between mahram.
Wallahua’lam.