Can you provide Hadith or Quran verse indicating where a witness for Islamic marriage should be a Muslim.
As Salaamu Alaikum,
Marriage is a very sacred contract in Islam and is directly connected to religious laws and guidelines.
Hence, it is necessary to have witnesses for this contract as stated in the traditions. In this regard, the Prophet (SAS) said, ‘There is no marriage except with witnesses’. In another tradition, the Prophet (SAS) is reported to have said, ‘there is no marriage except with a guardian and two just witnesses’.(Ibn Hibban).
From these traditions, it is evident that two witnesses are required for a Muslim marriage. Here, it must be understood that witnesses have been made essential because they have ‘wilayah’, (an authority) over the couple who are going to be married. Witnesses have been placed in a nikah to administer and to manage the Nikah. This itself is an authority over the Muslim man and woman who are about to become married, and regarding this, the Holy Quran has stated ‘Allah Has never made the unbelievers as over lookers (and authorities, managers) over the believers. (Sura An Nisa verse 141). It means that Allah has not allowed the unbelievers to have control and authority over the affairs of the believers, especially when it is connected to their religious affairs. This is why unbelievers cannot be witnesses to a Muslim marriage. The books of Islamic Jurisprudence have also clearly mentioned that for Muslim marriages, only Muslim witnesses are accepted.
(see Al Binaya- Al Aini vol.4 pg.493)
And Allah knows best,
Mufti Waseem Khan