Moreover, during the Prophet’s lifetime, may Allah bless him and grant him peace, the dowry was not recorded in writing as debts were, nor were witnesses called to the marriage for the sake of the dowry. Rather, people would conclude the marriage among themselves, with the marriage being known, and the man would deliver the dowry to the woman, leaving no outstanding debt owed to her. For this reason, when speaking of marriage arranged to make a woman lawful again for her former husband, the Messenger of Allah did not mention the scribe and witnesses as he did concerning usury. Likewise, no hadith concerning the calling of witnesses to marriage has been authentically established from the Prophet, may Allah bless him and grant him peace. Scholars have differed on this issue, with several views reported within the school of Ahmad and elsewhere.

One view holds that the marriage must be publicized, whether or not witnesses are called. If it is publicized without witnesses, the contract is valid. This is the position of Mālik and of Ahmad according to one report.

Another view holds that witnesses must be called, whether or not the marriage is publicized. Thus, if witnesses are called and those involved agree to keep it secret, the marriage is not invalidated. This is the position of Abū Hanīfah, al-Shāfiʿī, and Ahmad according to one report.

A third view requires both witnesses and publicity, while a fourth requires either one of the two. Both views are also reported within Ahmad’s school.

As for a “secret marriage,” which those involved agree to conceal and to which they call no witnesses, scholars generally regard it as invalid; it is a form of fornication. Allah Most High says:

“And lawful to you are all women beyond these, provided that you seek them in marriage with your wealth, desiring chastity, not unlawful sexual intercourse.”

These issues are discussed at length in their respective places.