The Fourth Pillar of Marriage Contract

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata"

D. Witnesses (Shahid)

The Shafi'i, Hanbali, and Hanafi schools hold that the presence of two witnesses is a pillar of marriage and that without their presence, the contract is invalid.1 The Malikis hold that the presence of two witnesses is necessary at the time of the marriage's consummation (dukhul), but not during the contract, when their presence is merely recommended.2 The Shi'is maintain that the presence of one or more witnesses is not a pillar of the contract, so a man and woman may conclude a contract secretly if they so wish.3
____________
1. Ibid.,25.

2. Ibid.

3. Sharh al-lum'a, V, 112; Riyad, II, 70.