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The question

What is the ruling on a marriage contract with the presence of one witness, while there is doubt about the second witness having heard the declaration and acceptance, due to his being outside the gathering?

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

Among the pillars of marriage (nikah) is the testimony of two just witnesses who hear the offer (ijab) and acceptance (qabul). If one of the witnesses did not hear the marriage formula, or doubted hearing it, then the marriage is invalid. This is the view of the majority of scholars. However, the Malikis said that the marriage is valid if the witnessing occurred before consummation. If the marriage is nullified, the husband must immediately separate from his wife before renewing the marriage with its pillars, and the children born to this husband will be legitimate.

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Ftawy
Original fatwa ID
105478
Imported
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