Secrecy and Witnesses in Temporary Marriage - Jurisprudential Answers - Miscellaneous Issues, Vol 3

Ahmed al-Hasan Response:

A marriage contract requires either the presence of two witnesses or public announcement. If two witnesses are present, public announcement is recommended. If two witnesses are not present, public announcement is obligatory before intercourse. Without witnesses, the marriage contract remains dependent upon public announcement, and the couple commits a forbidden act if intercourse occurs before that announcement. The sin is repeated each time intercourse occurs until the marriage is publicly announced. A child born from it is attributed to the parents in the same manner as in intercourse based on a mistaken assumption of validity. Witnessing is by two witnesses. Public announcement, on the other hand, takes place after the contract is concluded and before intercourse, and it is fulfilled by whatever is customarily regarded as public announcement, such as inviting people to a wedding feast or informing people through an available means.