Have the scholars unanimously agreed on the condition that the guardian (wali) and the two witnesses must be Muslim for the validity of the marriage contract? And to whom does the guardianship transfer if the woman's brother believes in the two testimonies (Shahadatayn) and the Qur'an but does not pray and describes himself as a non-Muslim? What should be done if the contract has already been concluded and then they learn about the requirement for the guardian and the two witnesses to be Muslim?

Faith in the Two Testimonies (Shahadatayn) and the Quran contradicts non-Islam and abandoning prayer. If a person admits to disbelief, without any impediments, their disbelief is confirmed. The utterance that necessitates declaring someone a disbeliever does not require a change in belief. Abandoning prayer out of laziness is not considered disbelief by the majority of scholars.

If the husband is judged to be a disbeliever, the marriage is null and void and must be annulled, because a disbeliever has no guardianship over a Muslim woman. It is stipulated that the two witnesses to the marriage must be Muslims if the wife is Muslim; otherwise, the marriage is invalid. However, the Hanafis permitted the testimony of a disbeliever for the marriage of a Muslim man to a Kitabiyyah (People of the Book). If the marriage is invalid, it must be renewed in the presence of the woman's guardian.