Is it necessary to renew the marriage contract if it is discovered afterwards that the guardian or one of the witnesses is a polytheist who worships graves, seeks intercession, and slaughters for other than Allah?
It is not permissible to supplicate to or sacrifice for anyone other than Allah, as this is major (polytheism) that expels one from the fold of Islam. It is a condition that the guardian (wali) and witnesses in a marriage contract be Muslims. Thus, the guardianship or testimony of a disbeliever is not valid.
If the polytheist was the witness and the contract was publicly announced, then the contract is valid according to theikh al-Islam Ibn Taymiyyah. However, if the polytheist was the guardian, then the contract must be redone. If the guardian repents, he can conduct the contract anew; otherwise, the contract should be conducted by the nearest Muslim guardian after him. It is not a condition to authenticate the second contract in court.
This applies if the guardian or witness is judged to be a disbeliever. However, if they are new converts to Islam or live in a remote area and do not know that such an act is shirk, they are not judged to be disbelievers and are excused for their ignorance, and their contract is valid. They must then learn and ask people of knowledge.
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