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Question: H, a Sunni boy, married W, a Shia girl, in the absence of witnesses. Discuss the validity of the marriage under Sunni and Shia Law.
Find the answer only on Legal Bites. [H, a Sunni boy, married W, a Shia girl, in the absence of witnesses. Discuss the validity of the marriage under Sunni and Shia Law.]
In the case of the Sunni sect, when a man marries a woman from another sect, for example, if a Sunni man marries a Shia woman, then such a marriage is purely an inter-sect marriage. Such marriages are perfectly valid.
In Sunni law Contracting of marriage must be done in the presence of proper and competent witnesses. Under the Shia law, the presence of witnesses is not essential and marriage without witnesses is considered valid. Marriage is contracted by the parties themselves (if major) or by their guardians themselves.
Under Sunni law, the presence of witnesses is essential else the marriage would be irregular. At least two male or one male and two female witnesses should be present and the witness should be a major, of sound mind and a Muslim.
In the present case, H belongs to the Sunni sect and married a Shia girl. If other conditions are fulfilled then the marriage will be valid but in the present case they married in the absence of witnesses so according to Sunni law, the presence of witnesses is an essential condition. So that this marriage would be irregular.