# What do the classical Maliki books say about witnesses in a marriage? *Reading the Maliki texts: al-Kafi, the Mudawwana, Ibn Yunus and Qadi Iyad on witnesses* - URL: https://muftiabulayth.org/r/bc8qsiofawe/s/4/ - Date: 2018-02-28 · Kind: lesson · Transcript tier: machine · Recording: A response to Hamza Maqbool (Deobandi/Maliki) - Mufti Abu Layth al-Maliki (9:00–18:11) - Status: general teaching - Watch from the start of the segment: https://www.youtube.com/watch?v=BC8qsIOFAwE&t=540s - Recording page: https://muftiabulayth.org/r/bc8qsiofawe/ **Topics:** The marriage contract; The Muwatta and the Mudawwana; Responses to critics **Summary (not a quotation; machine-made, unchecked):** The Maliki authorities he reads hold that a marriage without witnesses is valid unless it is meant to be secret; witnesses or an announcement are required before consummation. **Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says the standard Maliki texts, including al-Kafi, the Mudawwana as quoted by Ibn Yunus, and later authorities, state that a nikah without witnesses is valid provided it is not meant to be secret, witnessing being a condition of consummation rather than of validity. **Evidence, his words at 16:50:** “that this is the measure of our method that it is not a condition in the Maliki method for the validity of getting married” (https://www.youtube.com/watch?v=BC8qsIOFAwE&t=1010s) ## Longer summary Saying it is his turn to speak, Mufti Abu Layth reads from al-Kafi of Ibn Abd al-Barr, a book written for giving fatwa in the Maliki school, that the nikah is valid according to Malik without witnesses, as buying and selling are, and that it is made known before consummation. He reads from the Jami of Abu Bakr ibn Yunus al-Siqilli, which he says was called the mushaf of the Malikis and which Hamza Maqbool had not heard of when he visited, quoting the Mudawwana that a marriage without witnesses is valid as long as it was not meant to be kept secret, with witnesses and announcement before consummation, and Qadi Abd al-Wahhab [?] that the Malikis, unlike Abu Hanifa and al-Shafi'i, hold the contract valid without witnesses, reading the report on witnesses as a condition of completeness [?]. He cites reports from the Mudawwana via Ibn Wahb: a marriage contracted with no one else present, the Prophet saying 'I have married her to you' with no witnesses, and Umar doing likewise for his daughter [?]. He reads that witnessing is a condition of consummation, not of validity, and cites Khalil with a commentary, Qadi Iyad [?], al-Lakhmi, Ibn Yunus and Ibn Rushd [?] to the same effect, then says people may criticise him for being modern but he welcomes any discussion on the Maliki school. The Arabic readings are badly garbled in the transcript. ## Sources and names cited - al-Kafi fi Fiqh Ahl al-Madina - Ibn Abd al-Barr - al-Jami of Ibn Yunus [?] - Abu Bakr ibn Yunus al-Siqilli - al-Mudawwana - Imam Malik - Qadi Abd al-Wahhab [?] - Abu Hanifa - al-Shafi'i - Ibn Wahb - report: the prophet said shall i marry you to her he said yes he said i have married her to you and there were no witnesses - Umar ibn al-Khattab - Khalil ibn Ishaq - Qadi Iyad [?] - al-Lakhmi - Ibn Rushd [?] - nikah ## Transcript (machine tier, 9:00–18:11) [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 [9:18] shocked to this question he's shocked okay well as the poem goes that not my Bulbul Ishida Osuna has Husker that you may have heard the song the beloved song of the nightingale so happily abject Tom Kabuto many-body I now brace yourselves it is my turn to speak people Oh al [9:57] Kaffee one of my heroes if not they'll bomb the dawn hospital Maghrib p50 alumina till Molly key right are you who soon I am whose ruler yeah yeah no charge but image I see take a seat inshallah Kitab única guitar bendiga people Keith Urban League our loyalty to Mika this by the way this book is written for the fatwa according [10:35] to the Molly Keys Y&R T Tunica Valera shooting in the merlic and the nikah is valid according to Moloch without witnesses chameleon a little Bay as buying and selling is valid according to the Mauna Kea voyage had una female stock balloon and they can make people make it be known in what comes this is before they consummate the marriage the Maliki in my Malek even up the board but [11:13] wait wait baba we haven't finished no [Music] Jam right these people these people these people these people I want you to take a look at this this is you've got a book of Oba Carr apne unis a certainly the Sicilian it is known as the German of in reference to the Moodle wanna his book was referred to as the mus health of the Mauna Kea the Quran of the Maliki I it was referred to us by the way and I [11:51] don't mean this as disrespect but I remember when chef Hamza bull was here and I spa and we spoke about the Jami he'd never even heard of the Jami he didn't even need it said like what is that I am oh and that's only the Quran of the Mauna Kea but that's no disrespect and I'm the one who doesn't know Maliki fake huh Nakia Nakia routine yeah don't don't hasten don't hasten did he do let's take this slowly slowly [12:27] slowly so from the Moodle when I mean I don't want our people who don't wanna all the Malik woman tells of watchable a Reba Gina whoever married without any witnesses or documentation for it Allah ladies to tell as long as it wasn't done on purpose to make this a secret marriage I mean harris-teeter fernika huija is when the guard is well yes had and he [13:06] mentions female stuffed balloon that when it comes to the future they can they can get witnesses make an announcement what he says he had he says that had a cooler will be not this is all done before they consummate the marriage let's go on now right what does he say Abdul Wahab is quoting Abdullah Hubble birth daddy yes a who Abdul yes a hole in the night académica the nikah contract is valid according to us [13:42] al-maliki yeah al-maliki yeah people it is valid merely ish heart without witnesses healer friendly a be any favor Shafi'i as opposed to or abu hanifa & schaffer he says anak terminal food for ash bahasa era ha one and now man Anouk said to be hit to a stop follow me a Sharpton flocked karani well koala and then he says if this is valid then this the hadith is only referring to a short to come and he says what was shirt until Kamali well favilla [14:20] and then he brings a hadith from the mood of wanna from the Madonna and Esther was thakura apna Wahab on the homs idea of the law Elessar limit of the light matter who for the weather whoo yeah Holly Samaha Martha Yuma and he married her off to him and there was nobody else to witness it nobody except them what God looking at me through their liquor and rasool allah salallahu alayhi wa sallam and that is what is being transmitted from the Prophet as well when he married off of mine he said Allah okay okay I'm in a [14:58] tube into Robby Idol Harry's the first he said prophecy should I don't marry you to her the person said yes but I are soul Allah he said uncle to kaha I have done the nikah for you well um yesh had and there were no witnesses and if not more words from the Malik ear says wa ala alika Umar and Omer did that when he married his daughter to soda min or wa f barnaby he higher why these are the Dunn's of the Malik Lea people the must have the Quran of the Maliki ibaka rapini Yunus [15:34] let's go on in the what is he say right [16:14] so let me see oh there is I thought it slipped wall is hard to shorten feyza was it the whole wall is hard to having witnesses is a condition to consummate the marriage not laugh is Hetal act laugh is Hetal act not in the validity of the nikah so the nikah is jure is and your knowledge of the Maliki method is by if by people don't you come here attack my knowledge of the Maliki method color [16:50] no way on earth people this is Khalil it nice hug commenting on it no Rajab he says look what is hard to shorten feature was it the whole laugh is Hetal act and then he brings the hadith of if from if know what half of Hamza up the ladder I just read to you and it mentions look at this call de odd speaking in the tum be hat Masaru must have been an unleash had leisa be shortened fee settle up that this is not all the yard says that this is the measure of our method that it is not a condition in the Maliki method for [17:30] the validity of getting married and this is what luck me has said this is what if my Eunice has said this is what if not Rashi that said they mentioned that you do is hard oil on Allahu Akbar hey Baba this is this I tell you people can criticize me on many things you can criticize me for being modern you can attack me for my outlook right I will shred your arguments to a million pieces I openly welcome you to any discussion with me on [18:07] the Maliki method we will very clearly see within minutes who is more well-versed on the school of Medina Baba I've dedicated an entire portion of my life in passion to the school of Medina right so to say I have no knowledge of the school of Medina behave yourself that further kokia para you know this is what as dog says Doug the famous poet calico para dear journal say come me that the heavens have a messed with somebody so crazy Janaka rockin a ## Cite Mufti Abu Layth Archive, segment BC8qsIOFAwE/s/4. https://muftiabulayth.org/r/bc8qsiofawe/s/4/ Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.