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Islam

Q&A for Muslims, experts in Islam, and those interested in learning more about Islam

Latest Questions

2 votes
3 answers
2836 views
Is nikah valid if the two witnesses are via Skype, or not present?
Can the nikah be valid if the bride's mother is present and the two witnesses are online on Skype or not present? Please specify for both conditions and also tell is it is necessary to fill a Nikkah nama form for the marriage.
Can the nikah be valid if the bride's mother is present and the two witnesses are online on Skype or not present? Please specify for both conditions and also tell is it is necessary to fill a Nikkah nama form for the marriage.
rahim (31 rep)
Aug 24, 2014, 10:25 AM • Last activity: Jun 14, 2020, 11:22 PM
4 votes
1 answers
9329 views
How many witnesses are required to prove adultery?
Is it enough that two men see a couple hugging and fondling and copulating or do they have to see the actual penetration?
Is it enough that two men see a couple hugging and fondling and copulating or do they have to see the actual penetration?
muslim1 (8350 rep)
Jul 11, 2012, 04:58 AM • Last activity: Mar 17, 2020, 05:15 AM
2 votes
1 answers
332 views
Are there any cases where only male witnesses are allowed?
In surat al-Baqara when quoting debt contracts Allah taught us that we may replace one male witness by two female witnesses saying: > ... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses...
In surat al-Baqara when quoting debt contracts Allah taught us that we may replace one male witness by two female witnesses saying: > ... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. ...(2:282 ) While in (4:15 ), (5:106 ) and (24:4 ) for example the statement doesn't clearly say whether the witnesses can be replaced by those of another gender which may lead to a confusion on whether it is possible to replace in such cases one male by two females or not? My question is: Is this permission for replacing one male witness by two females witnesses considered as general or does it apply for special cases only? If there are different views I'd be glad if you could address them! See also my other relevant question: https://islam.stackexchange.com/questions/49534/can-four-women-be-witnesses-in-cases-where-two-male-witnesses-are-necessary
Medi1Saif (46557 rep)
Aug 13, 2018, 09:17 AM • Last activity: Jul 1, 2019, 06:13 AM
1 votes
2 answers
214 views
Can divorce paper prepared by a lawyer with signatures of three witnesses and husband get a Shia couple divorced?
If the marriage has not been consummated and the Shia husband gets divorce papers prepared for his Shia wife through a lawyer with signatures of three witnesses and himself, has divorce taken place or does it require signatures of the boy's wali i.e. his father? The papers are in the custody of the...
If the marriage has not been consummated and the Shia husband gets divorce papers prepared for his Shia wife through a lawyer with signatures of three witnesses and himself, has divorce taken place or does it require signatures of the boy's wali i.e. his father? The papers are in the custody of the boy's father.
Sara (11 rep)
Mar 29, 2015, 08:04 PM • Last activity: Apr 19, 2019, 01:58 PM
1 votes
0 answers
53 views
When being a witness/scribe was established as an official job?
When we read the Qur'an and sunnah we may come to the conclusion that a trustworthy witness can be any person who is widely considered as trustworthy and a scribe could be any person who is able to write and read. And we know that a scribe and two witnesses are necessary for writing contracts and wi...
When we read the Qur'an and sunnah we may come to the conclusion that a trustworthy witness can be any person who is widely considered as trustworthy and a scribe could be any person who is able to write and read. And we know that a scribe and two witnesses are necessary for writing contracts and witnesses are necessary for testimonies in many cases which are mostly quoted in the Qur'an. In many Arabic countries there's the so called job of a al-Ma'dhun (spelled al-Ma'zun in Egyptian Arabic) المأذون -literally the authorized- or Al-'Adel العادل (plural العدول al-'Udul) in Morocco (AFAIK) -referring to trustworthy witness as stated in for example 2:282 - these parties usually play parts in case of at least as far as I know marriages (for the Ma'dhun) and would write the contracts and play the role of the witness. Al-'Udul in this case may always come in pairs so that the two necessary witnesses for marriages or for any other contracts would be present. Both the 'Adel or Ma'dhun are nowadays assigned by the ministries of justice in their countries and send their reports/contract copies to the local courts. Based on my above quoted facts the fatwa islamqa #813 comes to the conclusion that the presence of official witnesses is not necessary if all conditions for a valid marriage are met, but it doesn't seem to consider this job as an innovation or anything which seems to be considered new to Islam. And I can certainly find benefits in such a profession. Especially when these individuals are trained and have knowledge in both contracts in Islam and testimonies. Which at least seem to apply to the profession of a 'Adel as quoted above. I wonder when (and where) this job was first introduced and established in Muslim societies?
Medi1Saif (46557 rep)
Aug 13, 2018, 08:48 AM • Last activity: Aug 13, 2018, 02:27 PM
2 votes
1 answers
3463 views
What should a wife do if the husband has given more then 3 talaq's and denying it according shari'a?
My husband gaved me talaq at 4 different times without any witness. He is now denying that he gave only twice and takes oath of Quran. Here muftis in India say that witnesses of men would be considered only and my saying will not be considered, some Qazi also says that there is no sin on me as he ha...
My husband gaved me talaq at 4 different times without any witness. He is now denying that he gave only twice and takes oath of Quran. Here muftis in India say that witnesses of men would be considered only and my saying will not be considered, some Qazi also says that there is no sin on me as he has to bear for every sin, Every scholars talk different, I just want to obey Allah Swt . What should I do?
What is the right sharai rulings for me?
SANA (31 rep)
Mar 30, 2016, 07:26 PM • Last activity: Aug 13, 2018, 11:45 AM
1 votes
0 answers
124 views
Can four women be witnesses in cases where two male witnesses are necessary?
Allah the almighty said: > ... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. ... ([2:282][1]) So we learn that in ca...
Allah the almighty said: > ... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. ... (2:282 ) So we learn that in case we need two male witnesses, we may replace one male witness with two female witnesses. Are there any scholarly opinions on whether replacing male witnesses by the double amount of female witnesses is allowed? Or expressed differently: Can four women be witnesses instead of two men, or must there always be at least one male witness for testimony?
Medi1Saif (46557 rep)
Aug 13, 2018, 09:13 AM • Last activity: Aug 13, 2018, 09:23 AM
3 votes
2 answers
1979 views
Can a sister's father and the imam be the two witnesses when she remarries?
A sister who was divorced is remarrying. Her father is present but since she was married once already she does not need a Wali/Wakeel. Can her father and the Imam be the 2 witnesses if there is no one else present to be witnesses to the marriage? The Nikkah was done with the Imam and her father as t...
A sister who was divorced is remarrying. Her father is present but since she was married once already she does not need a Wali/Wakeel. Can her father and the Imam be the 2 witnesses if there is no one else present to be witnesses to the marriage? The Nikkah was done with the Imam and her father as the 2 witnesses. Is the Nikkah valid?
user5073 (31 rep)
Apr 21, 2014, 05:56 PM • Last activity: Jan 10, 2018, 03:11 PM
5 votes
1 answers
907 views
Under what circumstances is a rape proved?
I'm well aware that in the Islamic history there is a need of 4 witnesses for a rape to be proved. Has that happened before? How? I mean has there ever been a woman who claimed X has raped me and then the prophet said are there witnesses and then 4 witnessed were gathered and then the man got punish...
I'm well aware that in the Islamic history there is a need of 4 witnesses for a rape to be proved. Has that happened before? How? I mean has there ever been a woman who claimed X has raped me and then the prophet said are there witnesses and then 4 witnessed were gathered and then the man got punished? Additionally has there ever been any incident where an alleged rapist got punished regardless of the number of witnesses (e.g. no witnesses were found or there was only 1 witness)? If so when? Why? I'm only interested from the time of the prophet Muhammad until the end of Ali's government
Thaqalain (2624 rep)
Mar 31, 2017, 10:18 PM • Last activity: Jun 24, 2017, 03:30 PM
8 votes
2 answers
2651 views
According to Shi'ism, does divorce require witnesses?
In Sunni Islam, I am often told that divorce can be performed without witnesses, which doesn't really make sense to me since everything in Islam requires witness (even when an adulterer commit adultery require witnesses). Is this the same in Shi'a Islam, and if so, why? Wouldn't unwitnessed divorce...
In Sunni Islam, I am often told that divorce can be performed without witnesses, which doesn't really make sense to me since everything in Islam requires witness (even when an adulterer commit adultery require witnesses). Is this the same in Shi'a Islam, and if so, why? Wouldn't unwitnessed divorce cause problems?
muslim1 (8350 rep)
Oct 7, 2012, 12:05 PM • Last activity: Mar 10, 2017, 04:04 AM
2 votes
2 answers
13998 views
Is marriage acceptable without the presence of a third party witness?
Recently I heard from one of my brother who said that if a man and a woman tells themselves they are husband and wife by promising to Allah, then they are counted as husband wife from that day on. Now my question is it true from the view of shariyah?
Recently I heard from one of my brother who said that if a man and a woman tells themselves they are husband and wife by promising to Allah, then they are counted as husband wife from that day on. Now my question is it true from the view of shariyah?
user10458 (21 rep)
Dec 24, 2014, 01:34 PM • Last activity: Jan 16, 2017, 05:36 AM
3 votes
2 answers
1946 views
Who can act as a witness for Talaq (divorce) in Islam?
Can one please confirm who the witnesses are? That they must have upstanding and integretity is my understanding. My husband has used his eldest who smokes illegal substances and on the 3rd that I have just received witnessed by a hindu?
Can one please confirm who the witnesses are? That they must have upstanding and integretity is my understanding. My husband has used his eldest who smokes illegal substances and on the 3rd that I have just received witnessed by a hindu?
Shareefa (31 rep)
Jun 15, 2014, 08:54 PM • Last activity: Sep 18, 2016, 01:06 PM
2 votes
2 answers
543 views
Wife's claim on Divorce
**If a woman claims that her husband divorced her many times**, does she need a witness to prove divorce (Talaq) or her saying would b enough as **testimony**? What if she don't have witness to prove her divorce? And will that divorce will be applicable? What is Islam's saying about this subject.
**If a woman claims that her husband divorced her many times**, does she need a witness to prove divorce (Talaq) or her saying would b enough as **testimony**? What if she don't have witness to prove her divorce? And will that divorce will be applicable? What is Islam's saying about this subject.
Umar (21 rep)
Aug 8, 2015, 04:57 PM • Last activity: Feb 21, 2016, 10:07 AM
4 votes
1 answers
4423 views
Is a divorce valid without witness?
If a person divorces his wife without presence of anyone else it is valid? in other words Is a divorce (Talaq) valid without any witness?
If a person divorces his wife without presence of anyone else it is valid? in other words Is a divorce (Talaq) valid without any witness?
Inshan (1243 rep)
Jun 20, 2012, 06:20 AM • Last activity: Sep 29, 2014, 05:16 PM
4 votes
1 answers
255 views
Surat El Noor:6-9 Explanation
In [verse 6-9 of Surat El Noor](http://quran.com/24/6-9), the process by which a married man and woman can determine guilt of adultery with no witnesses is described. In this process, the following two *ayat* stand out: > [El Noor:7] And the fifth [oath will be] that the **curse of Allah be upon him...
In [verse 6-9 of Surat El Noor](http://quran.com/24/6-9) , the process by which a married man and woman can determine guilt of adultery with no witnesses is described. In this process, the following two *ayat* stand out: > [El Noor:7] And the fifth [oath will be] that the **curse of Allah be upon him** [the husband] if he should be among the liars. > > [El Noor:9] And the fifth [oath will be] that the **wrath of Allah be upon her** [the wife] if he was of the truthful. Why is it that the term "cursed" is used upon men but the term "wrath" upon women? Why wouldn't they both receive equal terms? Why is man different than woman in this case?
Sara (41 rep)
Sep 25, 2013, 05:01 PM • Last activity: May 12, 2014, 09:09 PM
1 votes
1 answers
193 views
Why witnesses are requested by Islam laws?
Marriage and divorce are not recognized if there are no witnesses. What else cannot be done without witnesses? Why are witnesses important?
Marriage and divorce are not recognized if there are no witnesses. What else cannot be done without witnesses? Why are witnesses important?
imhita (11 rep)
Dec 8, 2012, 04:59 AM • Last activity: Jan 14, 2013, 06:37 PM
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