Secret Marriages


Question

I wanted to know the Islamic stance on court marriages and secret marriages. Besides, how would you comment on a marriage concluded:

1. with free mutual consent of both parties

2. in the presence of two male witnesses

3. by offer and acceptance BUT a. without the permission of Guardian and b. with the intention of keeping the marriage secret until the man becomes financially sound.

Please also note that both of the spouses keep their marriage secret because they cannot get married for 2 or 3 years and they often meet each other. So in order not to be sinful, they enter into nikah. Please be specific regarding the hukm (ruling) whether it is Halal, Haram, Batil, Fasid, Makrooh.

Answer

Marriage has to be announced in a society at all costs otherwise it can potentially damage the repute of the man and woman. Secret marriages must not take place. In fact, nikah in itself encompasses an open announcement that it has taken place.

However, once a marriage has taken place in this fashion, it is up to a court of law to decide whether it should continue or be annulled keeping in view all the circumstances. We cannot give rulings unless a case is closely studied. Likewise implementation of a decision in this regard also rests on competent authorities of a state.

As for the condition of approval of a guardian please refer to the following discussion: Wali’s Consent in Marriage

Answered by: Dr. Shehzad Saleem

Date: 2015-03-04


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