Q 2: Is a marriage contract registered by an English marriage official in the presence of one Muslim witness and another witness who follows the religion of the bride considered to be a legally valid contract according to (Part No. 18; Page No. 177) the opinion of Islam?

A: It was authentically reported that the marriage contract of a Muslim man and a Muslim woman will not be valid except with the existence of a Waliy and two just witnesses. The Prophet (peace be upon him) said, There is no [valid] marriage except in the presence of a Waliy and two just witnesses. (Related by Al-Daraqutny.) It was reported also that the Prophet (peace be upon him) said, The adulterers are those who marry themselves without a Waliy and two witnesses. (Related by Al-Tirmidhy.) A case was brought to `Umar (may Allah be pleased with him) where a marriage contract was concluded with only a man and a woman as witnesses. He said, "This is a secret marriage. I do not permit it. If I had previously pointed out that it is prohibited, I would have stoned them to death." (Related by Malik in his book Al-Muwatta'.) Ibn `Abbas said, "There is no valid marriage except with two just witnesses." Al-Tirmidhy (may Allah be merciful to him) said after mentioning many Hadith concerning the obligation of the existence of Waliy and two witnesses in marriage: "This is the viewpoint held by the scholars from among the Companions of the Prophet (peace be upon him) and those who came after them of the second generation and others. They said: 'There is no valid marriage contract without two just witnesses.'" This is also supported by its being in line with the purposes of Shari`ah (Islamic Law). (Part No. 18; Page No. 178) This is because doing so leads to protecting honors and lineage. Moreover, it blocks all avenues leading to adultery and corruption. It also removes what causes disputes between the spouses. Moreover, it is not permissible for a Muslim man to marry a woman from among the People of the Book without two just Muslim witnesses. This is according to the soundest opinion of scholars as it agrees with what is mentioned of Hadith and narrations. In addition, it is compatible with the general purposes and rules of Shari`ah. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.