Does divorce occur during a period of doubt as to whether the engagement is a marriage or not, and before the first suitor divorces?

The majority of jurists hold that marriage is not valid unless there are two just witnesses at the time of the contract, contrary to the Malikis who stipulated witnessing before consummation.

Regarding the first marriage, if it was merely an engagement or if the husband’s acceptance was not obtained, there is no need to annul it. However, if it was a valid contract but only women witnessed it, their testimony is void, and the contract is considered null and void. It is then necessary to annul it or divorce her before her marriage to another, according to the Hanbalis and Malikis.

As for the second contract, if it was witnessed by only one just person, it is null and void. It is also null and void if it was concluded before the first husband divorced her or his marriage was annulled.

The second husband's statement, "Each of us goes their own way," is considered a divorce if he intended it as such. After the guardian requests the first husband to pronounce an explicit divorce and renew the contract for the second husband with its pillars, the woman will then be under the second husband's marital authority.

The second invalid contract does not require divorce or annulment before renewing the valid contract, as long as the husband is the same person who entered into the invalid contract.