# Are witnesses required for a nikah in the Maliki school? *Witnesses in a Maliki nikah, and Hamza Maqbool's 'Lawrence of Arabia' tweet* - URL: https://muftiabulayth.org/r/bc8qsiofawe/s/3/ - Date: 2018-02-28 · Kind: lesson · Transcript tier: machine · Recording: A response to Hamza Maqbool (Deobandi/Maliki) - Mufti Abu Layth al-Maliki (5:06–9:00) - Status: general teaching - Watch from the start of the segment: https://www.youtube.com/watch?v=BC8qsIOFAwE&t=306s - Recording page: https://muftiabulayth.org/r/bc8qsiofawe/ **Topics:** The marriage contract; The Maliki school; Responses to critics **Summary (not a quotation; machine-made, unchecked):** In the Maliki school witnesses are not needed for the nikah to be valid; witnesses or an announcement are needed before consummation. Hamza Maqbool's tweet said Mufti Abu Layth does not represent the school. **Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says the Maliki school does not require witnesses for a valid nikah, only witnesses or a public announcement before the marriage is consummated, and that many of the Prophet's marriages were not witnessed. **Evidence, his words at 5:06:** “many of the prophets marriages were not witnessed and people like the school of Medina the the whole Maliki method says you don't need witnesses for a marriage” (https://www.youtube.com/watch?v=BC8qsIOFAwE&t=306s) ## Longer summary Mufti Abu Layth says some people were upset because he mentioned that many of the Prophet's marriages were not witnessed and that the school of Madinah, the whole Maliki school, does not require witnesses for a marriage, only witnesses or an announcement before the marriage is consummated. He says such people hold a standard above that of the Prophet, the companions and Ali. He introduces Hamza Maqbool, not to be confused with Hamza Yusuf, as an Indo-Pakistani Maliki scholar strongly influenced by the Deobandis, whom he respects, has hosted at his home and credits with a good sense of humour. On Twitter someone asked Maqbool whether the Malikis hold that a public announcement is mandatory and witnesses are not; told that a student of Mufti had said so, Maqbool replied, in Mufti's reading, that Mufti is as Maliki as Lawrence of Arabia is of Arabia, that he enjoys his company as a person, but that as a student of knowledge he can safely say Mufti does not represent the Maliki school in any form he is familiar with. ## Sources and names cited - Hamza Maqbool - Hamza Yusuf - Ali ibn Abi Talib - Lawrence of Arabia - Twitter - nikah - Maliki school - Deobandi ## Transcript (machine tier, 5:06–9:00) [5:02] don't get it why but anyway so in response to that some people got upset because on there I mentioned that because know many of the prophets marriages were not witnessed and people like the school of Medina the the whole Maliki method says you don't need witnesses for a marriage you only need witnesses or you can make an announcement before the marriage is consummated so people get some people oh my god oh my god what's this guy saying [Music] [5:43] so they have this kind of like hard taco attack because they talk wise above that of the prophets obviously right so you know they they kind of Islam is to another standard obviously the Prophet and not like the Prophet and the companions or Imam Ali can meet their standards so so they like oh my god that doesn't meet up to my standard of Islam so somebody tweeted share Hamza well at my booth this is not share Hamza Yusuf I don't want you to mix this up with Jay Hamza Yusuf this is sure Hamza wallet Maqbool Hamza Maqbool [6:21] he's a an indo-pak scholar from Chicago I believe Maliki although you know very kind of still very do Bundy influenced strongly the Obon influence but I mean I respect him and I actually have a good healthy you know friendly I think relationship with him I think this is what I think from my end I mean he's been here he's been to my house I've hosted him we've taken care you know we've he's visited he's chilled out with us it was not a good love and he's actually got a good sense of humor so I [6:57] respect that but somebody asked him what is the position of witnesses in Anika in the Maliki mother this is on Twitter all witnesses mandatory is it being easy it is being said that the Maliki say that a public announcement of nikka is mandatory and witnesses are not mandatory wa alaikum Salaam so chef machmood responds who said that right okay so the person says a student of [7:32] mufti Abu layth al-maliki so at this stage I will beloved sheikh hamza mcpaul makes what I would call a mistake of trying to go out trying to lash out against me in saying now upon that's upon people move to Abu layth al-maliki ISM as Maliki as [8:03] Lawrence of Arabia is of Arabia and he says as a student of knowledge I can safely say no wait they as a human being I enjoy hanging out with him meaning the guy can chill he can have a laugh with you as a student of knowledge I can safely say he doesn't represent the Maliki school in any form I'm [8:38] familiar with Oh Maradona hi I'm Mary John it nibiru he hi I believe a daddy say ah these people as Maliki as Lawrence of Arabia is of Arabia hi hi hi well witnesses he is ## Cite Mufti Abu Layth Archive, segment BC8qsIOFAwE/s/3. https://muftiabulayth.org/r/bc8qsiofawe/s/3/ Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.