If the witness does not pray, the marriage contract is renewed

Question: A Muslim man who is committed to his religion and maintains the five daily prayers married a Muslim woman. One of the witnesses to the marriage contract was a man who does not pray and may have committed major sins, such as drinking intoxicants. Is the marriage contract valid in such a case from the perspective of Islamic law? It is known that a large number of Muslim men who pray were present to write the contract and witnessed the procedures of the marriage deed themselves. What is the ruling on the marriage that took place between the two spouses, and is it necessary to rewrite the contract?

Answer: If, at the time of the contract, when the guardian said, “I give you in marriage,” and when the husband said, “I accept,” only two witnesses were present, one of whom does not pray, the contract must be renewed; because he is not just. The contract requires two just witnesses along with the guardian. So if, when the contract was performed, when the guardian said, “I give you in marriage,” and when the husband said, “I accept,” only two witnesses were present, one of whom is a known open sinner or a disbeliever, such as one who abandons prayer, then the contract is renewed.