What is the ruling on marriage contracts concluded with the testimony of the girl's guardian and another witness, knowing that the one who concludes these contracts always relies on this method?
Among the pillars of marriage () is the presence of two just witnesses. The guardian (wali) cannot be one of them because he is "accused" (involved). This applies whether he performs the contract himself or delegates someone else. Most scholars stipulate the presence of witnesses at the time of the contract. The Malikis stipulate it before consummation, and consider it desirable at the time of the contract. If the guardian was the only other witness, then this marriage must be annulled, and it is permissible to renew the contract after ensuring the womb is clear (istibra). However, if there were male witnesses other than the guardian who witnessed the marriage, then it is valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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