Is the marriage contract valid with the testimony of two boys?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 5 · Bab 1

Open in Qurani

Primary text

The marriage contract is not established by the testimony of two boys because they are not considered fit witnesses. Similarly, the contract is not established by the testimony of two insane persons or any other person disqualified from giving testimony, as their presence is equivalent to non-existence. The contract is not valid with the testimony of two deaf men because they cannot hear, nor with two mute men because they cannot deliver the testimony.

Supporting text

There is a possibility that the contract is valid with the testimony of two intelligent, post-pubescent adolescents. Furthermore, there are two differing views regarding the validity when witnesses are craftsmen whose professions are considered low-status, such as a cupper, depending on whether their testimony is accepted generally. Additionally, there are two views on validity when the witnesses are enemies of each other, or when they are the groom's or bride's sons (or one of them).