Saturday 21 January 2012

Adulthood is a condition of being a witness to marriage

Can children been considered witnesses in verbal marriage agreement?.

Praise be to Allaah.
In order for a marriage to be valid, it is stipulated that it be witnessed by two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian) and two witnesses of good character. Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 7557. 
With regard to the witness, it is stipulated that he be male, an adult and of sound mind. The testimony of a child, woman or insane person is not valid. 
It says in Sharh Muntaha’l-Iraadaat (2/648): The marriage contract cannot be done except with the witness of two males who are adults, of sound mind, able to speak and hear, Muslims – even if the wife is a dhimmi (Jew or Christian living under Muslim rule) – and of good character, even if it is only outwardly. End quote. 
It says in al-Mawsoo’ah al-Fiqhiyyah (41/296): The Hanafis, Maalikis, Shaafa’is and Hanbalis are of the view that the two witnesses to marriage must be mukallaf i.e., adults of sound mind. The testimony of an insane person is not acceptable, according to scholarly consensus. And a child cannot be a witness, because the Prophet (peace and blessings of Allaah be upon him) said: “Bring two witnesses from among your men,” because children are not among those who can give testimony. End quote. 
The presence of witnesses is one of the conditions of marriage being valid, whether the marriage contract is done verbally or in writing, in the event that the husband or wali is unable to speak. 
Based on that, it is not valid for children to be witnesses to the marriage contract. 
And Allaah knows best.
Its the responsibility of every Moslem in learning Quran and tajweed and we also must teach our kids Quran and not only the Quran teaching we should let then be aware of the basic of Islam and why it was reviled you bet it was vituperated and verity teaching of holy Quran and with Quranic tajweed we read Quran we can understand better all the replies that are necessitated if we study koran from a qualified Quran tutor he will let you know verity substance of Islam and why koran was reviled for it we should gain the information of the Holy Scripture with there translation and the context of when those verses were reviled and why and that is only potential when we continue with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is required to ask our self that why we all are here in the world to do good acts or to do bad acts to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the query remains the very same that the reasons why we are here in the world but if yes then whom we have to respond is there any Divine All these response can be found when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our job.

No comments:

Post a Comment