Is the stipulation of witnesses in marriage a condition for the validity of the marriage contract (nikah) or for consummation (bina'), and what is the opinion of the four imams on this?

The jurists have concluded that witnesses for marriage are a condition for its validity, but they differed on when it becomes obligatory. The majority of them held that it is obligatory at the time of the contract, citing the Hadith (definition): "There is no marriage except with witnesses." In contrast, the Malikis held that witnesses at the time of the contract are only recommended, but they become obligatory at the time of consummation if they were not present at the time of the contract.

Accordingly, if there are no upright witnesses other than the marriage guardian at the time of the contract, the contract is considered invalid according to the majority of jurists.