Having a Shi‘i or Others Perform the Nikah
Question
If the nikah of followers of Ahl al-Sunna wa al-Jama‘a is performed by some Shi‘i or non-Muslim — that is, some Shi‘i or non-Muslim conducts the khutba and the offer and acceptance — is this nikah permissible or not? For example, Zayd’s nikah takes place as follows: Zahid, a Shi‘i, is the officiant; ‘Amr and Bakr are witnesses from the girl’s side. Zahid asks ‘Amr and Bakr what their statement is. They (‘Amr and Bakr)
Answer
The actual offer and acceptance were made by the husband and wife. If some Shi‘i or non-Muslim merely recites the khutba or obtains from the spouses the confirmation of this offer and acceptance, no defect arises from this in the nikah itself. Nevertheless, it is mustahabb and best to have the khutba recited by some religious, righteous person.
Source: Fatawa Mahmudiyya
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