A fourth condition remains, on which there is disagreement, namely: the witnesses. The contract must be with two adult, sane male witnesses.

The Shaykh : A fourth condition remains, on which there is disagreement, namely: the witnesses. The contract must be with two adult, sane male witnesses. If a man marries without witnesses, there is no marriage; or if there are two female witnesses, there is no marriage; or if there are ten female witnesses, there is no marriage; or if there are two boy witnesses, there is no marriage. It is necessary that they be two adult, sane men. However, there is disagreement among the scholars regarding this condition. Some say that it is a condition for validity. Others say that it is a condition for perfection, meaning: if there are witnesses, it is more perfect, otherwise the contract is valid. Is it valid for one of the witnesses to be the authorized legal officer who writes the contract, or is it not valid? It is valid. It is valid for one of the witnesses to be the authorized legal officer. Accordingly, if the man, the authorized legal officer, and a witness are present, and the guardian marries her off, the contract is valid, because the authorized legal officer is a witness. Thus, these conditions are necessary in the contract. And it is necessary not to exceed the prescribed number, which is four. The prescribed number is four. If he marries a fifth woman while he has four, the marriage is invalid, due to the saying of Allah the Exalted: . If he divorces one of the four, does he marry the fifth?
Answer: As long as the divorced woman is in the waiting period, he does not marry. When the waiting period ends, he marries.