does a brother of hers count as a valid witness to fullfill the criteria as part of the 2 needed witnesses for the nikah?

· 22 Muharram 1427 AH1 min readFatwa 13945English

Question

1. For a nikah, a sister who has appointed her own brother as wali (because he is the only one available/qualified) does this brother of hers count as a valid witness to fullfill the criteria as part of the 2 needed witnesses for the nikah?

2. is there any circumstance where a wali can also be one of the witnesses in a nikah according to all 4 madhabs?

Answer

Yes, the Wali will suffice as one of the witnesses for the Nikah according to all 4 Madhabs. (Fiqhul Islam vol.9 pg.6562; Syria)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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