Is it disliked for a person to act as a witness in a marriage contract (Nikah)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
It is disliked for a person to witness a marriage contract because it constitutes assistance in the marriage, which resembles giving a sermon (Khutbah). If the witness does act as a witness or officiates (Khutbah), the marriage contract is not invalidated.
Supporting text
Some followers of Al-Shafi'i hold that a marriage is not concluded if the witnesses are in the state of Ihram (consecration for Hajj/Umrah) based on certain narrations forbidding witnessing while in Ihram. However, the established view is that the witness has no direct role in the contract itself, thus resembling the officiant. The narration cited regarding forbidding the witness while in Ihram is not well-known, and thus, no ruling is established upon it.