Some scholars said that either formal witnessing or public announcement—that is, making the marriage known and clear—is required; and that if it is publicly announced, that suffices. This is because public announcement is more effective in making the marriage widely known and in preventing it from being mistaken for fornication. The danger in dispensing with witnesses is that a man may commit fornication with a woman and then claim that he married her when that is not the case. Witnesses are therefore required for this reason. But when there is public announcement, this danger is averted all the more so. This was the view preferred by Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him. Indeed, he said that the validity of a marriage witnessed but not publicly announced is open to question, because the Prophet, peace and blessings be upon him, commanded that marriage be announced, saying: “Publicize the marriage.” (1) A secret marriage may lead to harm even if witnesses are present, for a man may commit fornication—Allah forbid—with a woman, then say, “I married her,” and produce two false witnesses to support his claim.

One indication that testimony is not a condition is that this is a matter whose ruling would necessarily need to be stated and publicized. The Companions, may Allah be pleased with them, could not possibly have left this matter unstated had it been a condition; rather, they would have clarified it, and it would have become widely known and well established. Had this been one of the required conditions, it would have been set forth clearly and explicitly in the Quran or the sunnah. Thus, the proof is the absence of proof: whoever claims that it is required must produce the evidence.