Secret marriage is prevalent in society, especially between young people, and researchers differ as to whether it is valid or not. Many people ask, is secret marriage allowed in Islam? And what are the reasons for its spread, so we will discuss the evidence for its validity and offer you with the most exact details to know the complete information.
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Scholars’ opinion on secret marriage
People ask is secret marriage allowed in Islam? But the opinions of Scholars differ. The marriage took place with the consent of the guardian and the consent of the husband, and was witnessed by at least two witnesses, and it was announced, then this is a valid lawful marriage, even if it was not registered in the official department.
A secret contract that was made by acceptance between a man and a woman without a guardian, no witnesses, or announcing it is an invalid marriage by agreement of the scholars. So when people ask, is secret marriage allowed in Islam? It was the opinion of scholars:
The Sheikh of Islam Ibn Taymiyyah
“The marriage of a secret that is recommended to be kept secret and that no one testifies to it is invalid allowing to the common scholars, and it is of the same type as the incest.”
If the secret marriage was concluded with the offer of the guardian and the acceptance of the husband, and two witnesses testified to it, and the spouses, guardian and witnesses were keen to conceal it and not make it public, then this marriage is void according to Imam Malik.
The imams of the three madhhabs, Abu Hanifa, ِAl-Shafi’i and Ahmad
The validity of the contract, which was witnessed by two witnesses, even if everyone was advised to conceal it, because their privacy is removed by testimony and the verification of two men, is the minimum declaration by which the marriage is valid.
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Obligation of publicity in Islamic marriage
Formal marriage is considered a legal contract and the difference between them is that official marriage is give out by an official document from the state.
Unlike a secret marriage, which is held orally or in which a paper is written. The official document does not accept denial. As for the secret marriage contract, even if it is confirmed by witnesses, or a secret document, it accepts denial.
We can say that if a secret marriage was contracted secretly between a man and a woman without a guardian or witnesses, then it is void by the agreement of the scholars, and that the contract of a guardian and witnesses and everyone advises to conceal it is void, so publicity is an important factor in completing the marriage.
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Are there marriage requirements in a secret marriage?
The secret marriage has conditions for its completion, which are:
- The partner to the contract must be reasonable
- The offer and acceptance should be in one assembly, without separating them, in conjunction and compatible.
- The conditions for his acceptance are that the woman should be available of marriage, that is, she is not forbidden to the husband.
- The marriage should not be temporary.
- That the spouse is equal to the woman he marries.
- And the presence of witnesses for this contract.
As for the terms of execution, this contract has the terms of execution:
- That the contracting partner is to be a sane and free adult.
- That the contracting partner has jurisdiction over the establishment of the marriage contract.
- The groom pays the bride a dowry
- The husband is free from defects that transform the relationship between him and his wife.
If all the conditions mentioned above are fulfilled in the marriage contract, the contract becomes valid.
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Is there a difference between secret and official marriage in the duties?
The difference between secret and official marriage is in the documentation. The certified registers it with the lawful person, and it takes the official status and is notified to the Civil Status Department.
As for the secret, it is not like that, it can only be registered with a lawyer, and the difference is in the documentation and not in how this marriage is contracted, but if it fulfills the previous conditions, it is valid.
So when someone asks is secret marriage allowed in Islam? Yes, when it is in publicity, because it is one of the pillars of Islam.
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Reasons for the spread of secret marriage
As we mentioned that secret marriage is widespread in society, and you should not be confused by the fact that official marriage differs greatly from secret marriage, as the official marriage is based on certain situations, but before knowing those conditions, we must know the reason for the spread of this phenomenon:
Inability to Marriage Costs
We all know that anywhere in the world the costs of marriage rise in terms of apartments, home furnishings and living costs. All of this obstructs young people from getting married officially.
Most secret marriages are between young people in universities and secondary schools, and because they are young and unable to take responsibility, they resort to the easiest way, which is secret marriage without parents.
Some countries impose a law that if a widow remarries after the death of her husband, she does not have the right to her husband’s pension, so many widows resort to this solution to preserve the retirement pension, which is their only source of income.
Some husbands resort to secret marriage so that the news of their marriage is hidden from their first wife.
Absence of a family role
The family does not play its role in terms of teaching children the values of religion and the foundations of true marriage based on religious rules. Therefore, it is a controversial topic that people always ask is secret marriage allowed in Islam?
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Disadvantages of secret marriage
There is a lot of secret marriage in society and it entails many problems that cannot be solved in the future, including:
- One of the advantages of secret marriage is that it be unable to find the right of the wife to resort to the judiciary if any problem occurs because she does not have an official marriage contract.
- The children who come as a result of secret marriage may be exposed to many difficulties that may lead them to loss and separation within their community, and may even deny their lineage.
- That the wife may remain suspended, unable to marry another – if the one who married her in secret left her without divorcing her and no news of her was cut off from her, or he had any nervous or psychological condition in which he lost his mental capacity.
- Failure to prove marriage when one of the spouses denies it, which often leads to the denial of marriage and escape from its problems.
Based on the preceding: secret marriage is one of the things that the true Sharia does not approve of and does not call for, especially in this era in which we live; Because of the great evils and damages that it entails, which can only be resolved by documenting the marriage with official documents.
Marriage is an essential pillar of life and is based on love and affection, and to be based on the right foundations, it must be based on publicity among people. The disadvantages of secret marriage are more than its advantages. Thus, we have answered the question: Is secret marriage allowed in Islam?