Is the judge considered a second witness to the marriage contract if the other witness did not attend the offer and acceptance, and is the contract considered valid after four years of marriage?

For the validity of marriage (nikah (definition)), it is stipulated that two just witnesses be present. According to the majority of scholars, witnessing must occur before the marriage contract. However, the Malikis consider witnessing at the time of the contract to be recommended, and it becomes obligatory before consummation. It is not permissible for the judge who conducted the contract to be one of the witnesses, unless his role was limited to dictating the صيغة (formula) of the contract, in which case his testimony is acceptable.

Therefore, if the judge conducted the contract and consummation occurred before it was witnessed, the contract is void and must be dissolved with an irrevocable divorce (ṭalāq bā’in). If two just witnesses witnessed it before consummation, it is valid according to the Malikis. If the judge did not conduct it but merely dictated its terms to the parties, the contract is valid with his testimony and the father's testimony. Furthermore, the public announcement and widespread knowledge of the marriage validate it according to some scholars, even without formal witnessing.