Must the marriage witnesses be Muslims?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is not established except through the testimony of Muslims, even if only the husband is a Muslim. This is the explicit position stated by Ahmad and is the view of Al-Shafi'i. The supporting proof is the Prophet's (peace be upon him) statement, "There is no marriage except through a guiding guardian and two just witnesses," and the reasoning that since it is a marriage of a Muslim, it cannot be established by the testimony of non-Muslims (*Dhimmi*), similar to the marriage of Muslims.
Supporting text
Abu Hanifa holds that if the wife is a *Dhimmi* (protected non-Muslim woman), the marriage is valid with the testimony of *Dhimmi* witnesses. This is analogous to a position accepting the testimony of some non-Muslims against others.