Third Section: A marriage is not concluded except by the testimony of two Muslims, whether both spouses are Muslims or the husband is Muslim alone. Ahmad explicitly stated this, and it is the view of al-Shafi'i. Abu Hanifah said: If the woman is a dhimmi (a non-Muslim citizen in an Islamic state), it is valid with the testimony of two dhimmi witnesses. Abu al-Khattab said: A similar [position] can be derived for us, based on the report which states the acceptance of the testimony of some People of the Dhimma against others. Our evidence is his saying (peace and blessings of Allah be upon him): "There is no marriage except with a guardian and two just witnesses." Furthermore, it is the marriage of a Muslim, so it cannot be concluded with the testimony of two dhimmi witnesses, just like the marriage of two Muslims.

Section: As for the two who are sinful (fasiq), there are two reports regarding the conclusion of a marriage by their testimony. The first is that it is not concluded. This is the school of al-Shafi'i based on the report (hadith). Additionally, since a marriage cannot be established by their testimony, it is not concluded by their presence, similar to two insane persons. The second is that it is concluded by their testimony. This is the opinion of Abu Hanifah, because it is an act of transmitting (tahamul) [information/testimony], which is valid from a sinner, just like other acts of transmission. According to both reports, the reality of 'adl (probity/justice) is not considered; rather, it is concluded with the testimony of those whose state is hidden (mastur al-hal). This is because marriage takes place in villages and the desert, among the general public who do not know the reality of 'adl, so considering that would be difficult. Thus, the apparent state is deemed sufficient, along with the witness being 'hidden'—that is, his sinfulness has not become manifest. If it becomes clear after the contract that he was a sinner, that does not affect the contract, because the condition is 'adl in appearance, which is that he is not openly sinful, and that has been realized. It was said: We determine that the marriage was void due to the lack of the condition. This is not correct, because if 'adl in the inward state were a condition, it would be obligatory to investigate it; for with doubt regarding it, [a condition of the marriage] would be doubted, and thus it would not be concluded, and the woman would not be lawful with the doubt regarding the validity of her marriage. If sinfulness occurs in the two witnesses after [the contract], it does not affect the validity of the marriage, because the condition is only considered at the time of the contract. If a man and a woman acknowledge that they married with a guardian and two just witnesses, their statement is accepted, and the marriage is established by their admission.

Section: It is not concluded by the testimony of a man and two women. This is the opinion of al-Nakha'i and al-Awza'i.