Question

Groom's brother may be witness to marriage contract

259

Question

Is a brother allowed to be a witness in the marriage of his own brother?

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

Accepted Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

It is permissible for the groom’s brother to be a witness to the marriage contract. Ibn Qudaamah wrote: "Muslim scholars unanimously agreed that it is permissible for the brother to serve as a witness on behalf of his brother. This opinion has been reported on the authority of Ibn Az-Zubayr . It was also adopted by Shurayh, ‘Umar ibn ‘Abd Al-‘Azeez, Ash-Sha‘bi, An-Nakha‘i, Ath-Thawri, Maalik, Ash-Shaafi‘i, Abu ‘Ubayd, Is-haaq, Abu Thawr, and the Hanafis ." [Al-Mughni]

For more benefit, please refer to Fatwa 147841.

Allaah Knows best.

Fatwa

Groom's brother may be witness to marriage contract

Question

Answer

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

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