She entered an invalid marriage without the knowledge of her parents
24-11-2010 | IslamWeb
Question:
Assalamalaikum, I am 27 years old Girl who is Secretly Married with out my Parents/Guardian Permission, as the problem is I am working and did not wanted to do anything Illegal in the eyes of Allah, so I married a Married person who is Religiously committed who bought the Khazi and 2 witnesses and they asked my permission through Telephone without my Real Name, Recently I went to one Fatwa which is similar to mine – http://www.islamqa.com/index.php?ref=91688&ln=eng&txt=urfi%20 marriage As even I do not know how long our marriage will work because my parents are searching a boy for me. I AM NOT ABLE TO TELL ANYTHING TO ANYONE
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Among the conditions for the validity of the marriage contract is that both spouses should be identified so that the witnesses could witness them. This identification could be either by (mentioning the) name, or pointing at the person, or describing him/her, or by anything that distinguishes the two parties of the contract as stated by the jurists 
. Therefore, not mentioning your name by which you are known and being absent means that this condition – which is identification – is not met.
In addition to this, the marriage contract through the phone is not valid, because the witnesses would witness the voice only, and the voices may be similar to each other, and the matters of marriage should be taken very seriously contrarily to the matters of money. Therefore, this marriage contract is void in this regard, and it is also void in regard to the absence of the guardian because the presence (and consent) of the guardian is a condition for the validity of the marriage contract, according to the most preponderant opinion of the scholars and this is the view held by the majority of the jurists. For more benefit on the conditions of the marriage contract, please refer to Fatwa 83629.
Therefore, it is an obligation to invalidate this marriage or that that man divorces you; however, it is not permissible for you to remarry before invalidating this marriage contract or before divorce. For more benefit, please refer to Fatwa 92478.
Allaah Knows best.