and the two of them conceal it: this is like a man taking a mistress. There is no outward distinction, recognizable to people, that sets the two apart. Anyone committing fornication with a woman he has taken as a mistress can simply say, whenever he wishes, “I married her.” Likewise, anyone wishing to accuse a man who has married secretly of committing fornication with her can do so. There must therefore be a clear distinction between the lawful and the unlawful. Allah Most High says:

“Allah would never lead a people astray after guiding them until He makes clear to them what they must avoid.”

And He Most High says:

“He has already explained to you in detail what He has forbidden you.”

When it becomes apparent to people that he has safeguarded this woman’s chastity, she is distinguished from women who commit fornication or take secret lovers. But if he allows her to go to unrelated men, chaste women are not distinguished from the others. Similarly, if he conceals his marriage to her so that no one knows of it, she is not distinguished from women who take secret lovers.

Scholars have differed over what distinguishes one from the other. Some held that only public announcement is obligatory, whether witnesses are present or not. This is the position of Mālik, many jurists of the hadith tradition, the Zāhirīs, and Ahmad according to one report. Others held that having witnesses is obligatory, whether the marriage is publicly announced or not. This is the position of Abū Hanīfah and al-Shāfiʿī, and one report from Ahmad. Others held that both are obligatory; this is the third report from Ahmad. Still others held that either one is required; this is the fourth report from Ahmad.

Requiring “witnesses” alone is a weak position, with no basis in the Quran or the Sunnah, for no hadith concerning it has been authentically established from the Prophet, may Allah bless him and grant him peace. It is inconceivable that something Muslims continually practise should have conditions that the Messenger of Allah, may Allah bless him and grant him peace, did not explain. This is a matter that concerns everyone, and all Muslims need to know about it. If this were a condition, mentioning it would have been more important than mentioning the dowry and other matters, yet it finds no mention in the Book of Allah or in any authentic hadith from the Messenger of Allah, may Allah bless him and grant him peace. It thus becomes clear that it is not among the things that