Witnessing requirements under Islamic and legal laws

Under legal and Islamic law, the requirements for having number of witnesses differ. The Islamic jurisprudences also have the differences of opinion regarding witnessing requirement. We will look into further detail in the blog.

Under Islamic ruling, it is recommended ( Mustahab) to appoint two witnesses in all exchange or contributory contracts as explicitly mentioned in the Holy Quran Surah, Al-Baqarah verse 282. But it is not a condition or essential requirement for the contract's validity. But if there is a dispute and the successors deny that their inheritor has bequeathed anything, then the witnesses will be required to prove the will. However, according to the Hanafi school, in such disputes, there must be two male or one male & two female witnesses, while the other jurists are of the opinion that one witness and the oath of the plaintiff are enough.

It is not required to have 2 witnesses for a will, but it is recommended to have 2 witnesses present while making a will. Furthermore, if any person claims in a case regarding another person that he has made a will in my favor and the heirs deny his claim, then to prove his claim he would have to provide 2 witnesses according to the Shari’ah/Islamic law (either 2 credible male witnesses or 1 credible male witness along with 2 credible female witnesses). Similarly, if someone claims to be appointed as an executor of the estate of the deceased, then 2 witnesses would be required in some cases/situations.

According to the Maliki Fiqh, presence of a witness is not required for the validity or acceptance of a will. However, if someone claims that the deceased did make a bequest for him, and the heirs deny it then legal testimony of 2 credible men, or 1 credible man and 2 credible women will be required; or he would be required to provide 1 witness along with taking an oath to prove his claim.

Hanbali school of thought: In Hanbali school of thought, it is not necessary to make a witness for the will to be valid, without the witness, the will will be valid. However, if someone claims from the will on the deceased and the heirs deny it, then Sharia testimony, i.e. two reliable male witnesses, is necessary.

According to the Shafai Fiqh, presence of a witness is not required for the validity or acceptance of a will. However, if someone claims that the deceased did make a bequest for him, and the heirs deny it then legal testimony of 2 credible men, or 1 credible man and 2 credible women will be required; or he would be required to provide 1 witness along with taking an oath to prove his claim.

Even though it is not a two-witnesses requirement under Islamic ruling, you must comply with legal laws, so you should use two witnesses minimum. There is no requirement under Islamic law that does not mean that you cannot have two or more witnesses.