What is the correct ruling regarding marriage without witnesses? Does it require a divorce or not, given the differing fatwas between you and another mufti?
The questioner should have mentioned the number referenced. The Maliki school of thought regarding consummating the marriage with the wife before witnessing the contract is that the marriage is dissolved by an irrevocable divorce to prevent corruption. Both spouses are subject to hadd punishment if they admit to sexual intercourse, unless the contract was widely known or witnessed by at least one person. The dissolution of the contract by an irrevocable divorce indicates its validity according to them, and the divorce is compulsory, whether or not both spouses or one of them wishes to complete it. And whoever says that it is not considered a valid marriage from which the effects of a valid marriage arise is correct.
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