If the marriage takes place in the presence of two Muslim witnesses, it is valid, even if none of the imams is present. Even if the two witnesses have not been certified as upright before the judge, their character being unverified but not openly sinful, the marriage is valid according to the apparent position of the four imams’ schools, provided it is publicly announced and not concealed. Even if the two witnesses are openly sinful, the marriage is still valid according to Abū Hanīfa and one of the two reported positions of Ahmad.

Even if no witnesses are present, but her guardian gives her in marriage and it becomes widely known among the people, the marriage is valid according to Mālik’s school and one of the two positions reported from Ahmad ibn Hanbal. This is the stronger of the two scholarly views. Muslims regularly gave women in marriage during the Prophet’s lifetime—may Allah bless him and grant him peace—yet he did not instruct them to have witnesses present. There is no established hadith stipulating witnesses as a condition of marriage, whether in the Sahīh, Sunan, or Musnad collections.

As for a woman who has no guardian, if there is a deputy exercising judicial authority in the village or encampment, he may give her in marriage, as may the Bedouin chief or village head. If there is an imam among them whose authority is obeyed, he too may give her in marriage with her permission. Allah knows best.”

He—may Allah sanctify his soul—was asked:

“Concerning a man who has embraced Islam: does he retain guardianship over his children who remain People of the Book?”

He replied:

“He has no guardianship over them in marriage, just as he has no right to inherit from them. A Muslim may not give a non-Muslim woman in marriage, whether she is his daughter or someone else. Nor may a non-Muslim inherit from a Muslim, or a Muslim from a non-Muslim. This is the position of the four imams and their followers among the earlier and later generations.