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The question

Is a marriage contracted without witnesses religiously valid, especially given the presence of children, and what measures should be taken concerning this?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This marriage is invalid according to the majority of scholars, based on the : "There is no marriage except with a guardian and two just witnesses." However, Al-Zuhri, Abu Thawr, and Ibn Al-Mundhir hold the view that marriage is valid without witnesses, and this is also narrated from Imam Ahmad. Nevertheless, the opinion that requires witnesses is the preponderant one. The man must enter into a valid contract with her, fulfilling all the conditions. As for the children, they are attributed to him and inherit from him because they are the product of intercourse performed under a misconception [waty ].

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Ftawy
Original fatwa ID
177452
Imported
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