Fatwa #3568011 May 2016United Kingdom
Can a non Mahram be a Wakeel or witness in the Nikah?
Question
i am due to get married inshaAllah. This is with regards to getting permission from the girls side (razaa) My mother is insisting members of my family (my uncle who is not her mahram) go to become witness for the girl accepting. But i have heard it should be the girls family(her mahram) as this is more islamically suitable.
please advise me.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is advisable that the representative (wakeel) of the girl as well as the witnesses of the girls consent to marry should be mahrams, for example, her father, brother, uncles etc. Non mahrams should not unnecessarily become wakeels or witnesses. If a non-mahram becomes a wakeel or witnesses, it will be valid. However, there will be karahat (dislike) to unnecessarily do so.
And Allah Ta’āla Knows Best
Zakir Husain
Student DarulIftaa
Michigan, U.S.A
Checked and Approved by,
Mufti Ebrāhīm Desai.