it is not permissible to annul it. The same applies to all other invalid marriages. The Qadi (judge) deduced in this, as a specific opinion, that it may be annulled, which is the opinion of Al-Istakhri from the Shafi'i school, because it violates a text. The first opinion is more appropriate, because it is an issue in which there is disagreement and in which ijtihad (legal reasoning) is permissible, so it is not lawful to annul the ruling, just as if he had ruled for the right of pre-emption (shuf'a) for a neighbor. This text is subject to interpretation and there is discourse regarding its authenticity, and it has been opposed by apparent proofs.

Second Section: Marriage is not valid except with two witnesses. This is the well-known position from Ahmad. It was also narrated from Umar and Ali, and it is the opinion of Ibn Abbas, Sa'id ibn al-Musayyib, Jabir ibn Zayd, Al-Hasan, Al-Nakha'i, Qatadah, Al-Thawri, Al-Awza'i, Al-Shafi'i, and the scholars of the School of Opinion (Ahl al-Ra'y). From Ahmad, it is also narrated that it is valid without witnesses. This was done by Ibn Umar, Al-Hasan ibn Ali, Ibn al-Zubayr, and both Salim and Hamzah, the sons of Ibn Umar. This is also the position held by Abdullah ibn Idris, Abd al-Rahman ibn Mahdi, Yazid ibn Harun, Al-'Anbari, Abu Thawr, and Ibn al-Mundhir. It is also the opinion of Al-Zuhri and Malik if they make it public. Ibn al-Mundhir said: 'There is no report established regarding the two witnesses in marriage.' Ibn Abd al-Barr stated: 'It has been narrated from the Prophet (peace and blessings of Allah be upon him): "There is no marriage except with a guardian and two just witnesses," from the hadith of Ibn Abbas, Abu Hurayrah, and Ibn Umar, except that there is weakness in the transmission of this, so I did not mention it.'