NUMBER OF WITNESSES REQUIRED FOR COURT MARRIAGE IN PAKISTANadmin / December 1, 2018
Number of witnesses required for court marriage in Pakistan but there is a difference of opinion according to various schools of thoughts regarding the witnesses required in court marriage in Lahore Pakistan and there is also a difference of opinion as per the gender of witnesses required in court marriage. As per Law and procedure of court marriage in Pakistan the number of witnesses required are two in number and the proposal and acceptance by the male and the female should be made and should be heard in the presence of two male or one male and two females.On requirements of witnesses in court marriage in Pakistan or court marriage in Lahore Pakistan below are believes of various sects
SUNI SECT ON WITNESSES OF COURT MARRIAGE: – As per Sunni school of thought the proposal and acceptance by the husband and the wife should be in the presence of two competent witnesses who must be of sound mind and should be Muslim.
AS PER SHAFI SCHOOL OF THOUGHT: — As per Shafi school of law two males or one male and two females are required who should be present and in their presence there should be proposal and acceptance and they also believe that two females can take place of one male witness but at the same time they also say that there should be at least one male witness which means that the witnesses to marriage cannot be four females. According to this Shia sect there can be either two males or one male and two females.
SHIA SECT ON WITNESSES: — According to this school of thought witnesses are not essential to perform a valid marriage and a court marriage can be without witnesses also
NOTE — As per the Pakistani law of court marriage the marriage without witnesses are irregular and not void
Case Law —– Alamgir VS The State ( 1956)
In this case of Alamgir Vs The state it was held that evidence of a witness was enough to prove the nikah and exact words of offer and acceptance need not to be proved