Excerpted from the book “Ahkām wa Masā’il – In the Light of Qur’ān and Sunnah” by Shaykh Mubashar Ahmad Rabbānī
Some people say at the time of nikāḥ (marriage): “Allah and His Messenger are witnesses.” Does such a statement make the marriage valid? Please explain in the light of the Qur’ān and Sunnah.
The presence of human witnesses at the time of marriage is absolutely necessary.
Without them, a nikāḥ does not become valid under Islamic law.
لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَي عَدْلٍ، فَإِنْ تَنَازَعُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ
Ṣaḥīḥ Ibn Ḥibbān (4075); Naṣb al-Rāyah (3/167)
“There is no marriage except with a guardian and two just witnesses. And if the guardians dispute, then the authority (ruler/judge) is the guardian for the one who has no guardian.”
✔ This ḥadīth clearly indicates that two just witnesses are essential for the validity of a nikāḥ.
Those who say this at the time of marriage, and mean by it that:
Then such a belief is explicitly false and impermissible in Islam.
✔ Holding the belief that the Prophet ﷺ knows the unseen (al-ghayb) or is present at every event, is:
Imām Abū al-Layth al-Samarqandī (Ḥanafī) stated:
“A marriage conducted with the claim that Allah and His Messenger are witnesses is invalid. Such a person is to be declared a disbeliever (kāfir), because he holds the belief that the Messenger of Allah ﷺ knows the unseen.”
Tamām al-Nawāzil, p. 107
✔ Fatāwā ʿĀlamgīrīyah
✔ al-Baḥr al-Rā’iq Sharḥ Kanz al-Daqā’iq
✔ Other major fiqh sources
The knowledge of the unseen (عَالِمُ ٱلْغَيْبِ وَٱلشَّهَادَةِ) is exclusively for Allah alone.
The Qur’ān and numerous authentic ḥadīths confirm this foundational belief.
① Marriage without two just human witnesses is invalid.
② Invoking the Prophet ﷺ as a literal witness implies belief in his presence and knowledge of the unseen, which is an act of disbelief.
③ Such a marriage is not valid, and the individual who holds this belief is upon a serious theological deviation.
May Allah guide us to correct beliefs and protect us from false innovations. Āmīn.
❖ Question:
Some people say at the time of nikāḥ (marriage): “Allah and His Messenger are witnesses.” Does such a statement make the marriage valid? Please explain in the light of the Qur’ān and Sunnah.
❖ Answer:
The presence of human witnesses at the time of marriage is absolutely necessary.
Without them, a nikāḥ does not become valid under Islamic law.
✿ Evidence from the Sunnah:
Sayyidah ʿĀ’ishah رضي الله عنها narrated that the Prophet ﷺ said:
◈ Arabic Text:
لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَي عَدْلٍ، فَإِنْ تَنَازَعُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ
Ṣaḥīḥ Ibn Ḥibbān (4075); Naṣb al-Rāyah (3/167)◈ English Translation:
“There is no marriage except with a guardian and two just witnesses. And if the guardians dispute, then the authority (ruler/judge) is the guardian for the one who has no guardian.”
✔ This ḥadīth clearly indicates that two just witnesses are essential for the validity of a nikāḥ.
❖ The Issue with Saying:
Those who say this at the time of marriage, and mean by it that:- The Prophet ﷺ is witnessing the nikāḥ in person, or
- That the Prophet ﷺ possesses knowledge of the unseen and thus is aware of this event,
Then such a belief is explicitly false and impermissible in Islam.
❖ Theological Consequence:
✔ Holding the belief that the Prophet ﷺ knows the unseen (al-ghayb) or is present at every event, is:
- A form of shirk (associating partners with Allah) in the knowledge of the unseen
- A belief that contradicts the core teachings of Islam
Imām Abū al-Layth al-Samarqandī (Ḥanafī) stated:“A marriage conducted with the claim that Allah and His Messenger are witnesses is invalid. Such a person is to be declared a disbeliever (kāfir), because he holds the belief that the Messenger of Allah ﷺ knows the unseen.”
Tamām al-Nawāzil, p. 107❖ Similar Rulings Found In:
✔ Fatāwā ʿĀlamgīrīyah
✔ al-Baḥr al-Rā’iq Sharḥ Kanz al-Daqā’iq
✔ Other major fiqh sources
❖ Islamic Creed:
The knowledge of the unseen (عَالِمُ ٱلْغَيْبِ وَٱلشَّهَادَةِ) is exclusively for Allah alone.
The Qur’ān and numerous authentic ḥadīths confirm this foundational belief.❖ Summary:
① Marriage without two just human witnesses is invalid.
② Invoking the Prophet ﷺ as a literal witness implies belief in his presence and knowledge of the unseen, which is an act of disbelief.
③ Such a marriage is not valid, and the individual who holds this belief is upon a serious theological deviation.
May Allah guide us to correct beliefs and protect us from false innovations. Āmīn.