Is the marriage contract valid only with two witnesses?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Marriage contracts are only valid with the presence of two male, adult, legally competent witnesses. This is the well-known position attributed to Ahmad. This view is also reported from Umar, Ali, and is the opinion of Ibn Abbas, Sa'id ibn al-Musayyib, Jabir ibn Zayd, Al-Hasan, Al-Nakha'i, Qatada, Al-Thawri, Al-Awza'i, Al-Shafi'i, and the proponents of Ra'y (the Hanafi school). The supporting evidence cited includes the hadith transmitted that states, "There is no marriage except through a guardian and two just witnesses," and another hadith stating, "There must be four in the marriage: the guardian, the husband, and the two witnesses." The reasoning is that marriage concerns the rights of non-contracting parties, specifically the child, thus requiring witnesses to prevent paternity denial, unlike in sales contracts.
Supporting text
A differing view, also attributed to Ahmad, holds that marriage is valid without witnesses. This view is supported by the practice of Ibn Umar, Al-Hasan ibn Ali, Ibn al-Zubayr, and Salim and Hamzah, sons of Ibn Umar. It is also the opinion of Abd Allah ibn Idris, Abd al-Rahman ibn Mahdi, Yazid ibn Harun, Al-Anbari, Abu Thawr, and Ibn al-Mundhir, and it aligns with the position of Al-Zuhri and Malik when the marriage is publicly declared. Furthermore, it is noted that the Prophet (peace be upon him) freed Safiyyah bint Huyayy and married her without witnesses, and an incident involving the Prophet marrying a purchased concubine was only recognized as a marriage by the subsequent veiling (Hijab), not by explicit witnessing.