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about 1 year ago

السلام عليكم ورحمة الله وبركاته A brother wants to take as a witness for his nikah someone who regularly wears qaza’ haircuts (fades), which also imitate the kuffar. He does this knowingly, is aware that it is a sin, and does it out of weakness. Is it permissible to take him as a witness?

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Ustadh AbdulAziz al-Haqqan

Ibn Qudāmah (may Allah have mercy on him) said: Section Two: Marriage is not valid except with two witnesses. This is the well-known opinion from Aḥmad, and it was narrated from ʿUmar, ʿAlī, and it is the view of Ibn ʿAbbās, Saʿīd ibn al-Musayyib, Jābir ibn Zayd, al-Ḥasan, al-Nakhaʿī, Qatādah, al-Thawrī, al-Awzāʿī, al-Shāfiʿī, and the Ḥanafī scholars. Section Three: It is not valid except with the testimony of two Muslims, whether both spouses are Muslims or only the husband. This was explicitly stated by Aḥmad, and it is also the view of al-Shāfiʿī. Section: As for two sinful (openly disobedient) men, there are two narrations regarding the validity of the marriage with their testimony: The first: it is not valid, and this is the view of al-Shāfiʿī. The second: it is valid with their testimony, and this is the view of Abū Ḥanīfah.

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