نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
One of important subjects in validity of marriage is existence of witness in marriage ceremony. While jurisconsults of all sects believe that existence of witness is necessary for marriage and its successive orders in jurisprudence and legal traces of due from them such as dowry, alimony and … but for validity of marriage there are different ideas. Imamiyah Jurisconsults with refereeing to Holy Book say there is no subject about conditions of witness for marriage in Qur’an, and about some Hadith that speak about validity of marriage without witness, declare that marriage without witness is valid and they believe those Hadith which is about existence of witness have weak sources and at least theses Hadith declare existence of witness is Mostahab. On the contrary Soni jurisconsults (Hanfiyah, Shafe’iyah and Hanabalah) believe that marriage without witness wouldn’t conclude, because those Hadith that declare about necessity of witness in marriage, firstly are Sahih and famous and secondly they haven’t opposition with Qur’an’s verses because verses in this case are silent. Therefore we couldn’t rely on these verses because they don’t speak about this point. Malekiyah also took the middle way. They believe that the aim for existence of witness is because to alert the marriage and base on Prophet Mohammad’s (PUH) declaration secrecy marriage is invalid. So if witnesses hide the marriage contract then marriage is invalid and if there aren’t witnesses in marriage ceremony but after they came out alert they marriage that marriage is correct.