Procedures for marriage
15-8-2005 | IslamWeb
Question:
I have a series of questions regarding the Nikaah process. For starters, how old should the Gawah (witnesses) be; is there an age limit? Also, a Nikaah is not valid without the consent of a Wali; what would classify as a Wali? Moreover, if 2 Muslims from different sects of Islam, for example, a Sunni and a shiite were to get married, would they have to go through two different types of Nikaah or is it the same for both of them? Lastly, how many witnesses have to be in the Nikaah ceremony; 2 men from each side and can one Gawah witness for both parties?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
The answer to your questions is summed up in the following points:
First, the age limit which is considered for the validity of the witness is reaching puberty. Allaah Says (which means): {And bring to witness two witnesses from among your men.}[Quran 2:282]. A child is not considered among 'men'.
Allaah also Says (which means): {… from those whom you accept as witnesses…}[Quran 2:282]. A child is not accepted as a witness.
However, Imaam Ibn Qudaamah
wrote in his book Al-Mughni: 'A marriage contract can be completed in the presence of two wise adolescents.'
The condition for the validity of the marriage is that the witnesses should be two men; being relatives of both parties, who are getting married, is not a condition.
Second, the presence of a guardian is a compulsory condition for the validity of the marriage, for the saying of the Prophet 
said: "A woman cannot get married except with the presence of her guardian." [Abu Daawood]
The most entitled to marry a woman off is her father, then her grandfather, including every male in the direct line of ascent (grandfather, great grandfather, and so on), then her son, then the grandchild no matter how far the line of descent, then her full brother, then her brother from father's side and then their sons no matter how far the line of descent, then uncles. If the guardianship of nearest man is cancelled than it is transferred to the one who is next to him. Finally, it goes to the ruler and he will marry her off if it is cancelled from all the guardians, as the Prophet said: "The ruler is the guardian of the one who does not have a guardian." [Abu Daawood]
Third, to know the ruling of marrying some one from a different sect read our Fatwa: 89450.
Allaah Knows best.