Is the marriage contract valid with the testimony of one man and two women?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is not established by the testimony of one man and two women. This is the position of Al-Nakha'i, Al-Awza'i, and Al-Shafi'i. The evidence provided is the statement of Al-Zuhri that the established practice (*Sunnah*) from the Prophet (peace be upon him) dictates that the testimony of women is not accepted in matters of *Hudud* (prescribed punishments), marriage, or divorce. Furthermore, since marriage is a contract not primarily concerned with property and usually witnessed by men, it is not established by the testimony of women, unlike sales contracts.
Supporting text
Ahmad stated that marriage with the testimony of women is not permissible, but if a man is present with them, it is 'less objectionable' (*ahwan*). This suggests a possible second narration allowing validity in that situation, which is the position of the proponents of Ra'y and is narrated from Al-Sha'bi, comparing it to sales contracts. It is also suggested that Ahmad's remark only indicates less objection due to scholarly disagreement, and does not constitute a ruling for validity.