Marriage announcement: Wisdom behind it and the validity of secret marriage
5-5-2011 | IslamWeb
Question:
I am married but none of my family knows about my marriage. Only four of my friends and four of my wife’s friends know about our marriage. Is it (our marriage) permissible?
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Undeniably, the Islamic Sharee‘ah (Islamic law) mainly aims at protecting the rights of the individuals as well as those of the society. Moreover, it aims at preserving lineage within the Muslim society. Accordingly it takes into account all the required precautions so as to shun any potential intermixing of progeny. Therefore, Islamic Sharee‘ah sets established conditions, terms, and due rules in order to protect the rights of the husband, the wife and the children. Hence, among the due conditions of marriage in Islam is the approval of the bride’s Wali (matrimonial guardian), the presence of witnesses, and the marriage announcement. In fact, such conditions aim at shielding the husband from having another man’s child attributed to him, protecting the wife from the husband’s potential attempt to disclaim paternity, and safeguarding the children against the father’s potential denying of parentage whenever he likes.
The wisdom behind these conditions and terms of marriage in Islam is crystal clear for those who have taken them lightly and laxly and accordingly have incurred numerous complex problems, loss of rights and injustice towards others. Hence, it is incumbent upon each and every Muslim, men and women, and the whole society as well to abide by the Sharee‘ah of Allaah The Exalted and applies its rulings in every aspect of their lives so as to attain happiness in this world and in the Hereafter.
Moreover, the questioner should bear in mind that the legal valid marriage in Islam is that which meets the needed requirements for validity and avoids the reasons that may invalidate it. If the marriage was carried out without the consent of bride’s guardian, then it is invalid; for the Prophet, sallallaahu ‘alayhi wa sallam, said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If the marriage is consummated, then she is entitled to the dowry in return for intercourse he has with her. If they disagree, then the ruler is the guardian of the one who does not have a guardian.” [Ahmad, Abu Daawood, An-Nasaa'i, At-Tirmithi and Ibn Maajah]
Therefore, any invalid marriage should be declared null and void and they must separate and the termination of the marriage is necessary. However, if the woman’s guardian approves that marriage later, they should remarry with a new marriage contract after spending the due 'Iddah (waiting period) so as to make sure that she is not pregnant if the man had sexual intercourse with her.
Moreover, some Muslim scholars believe that if the woman’s guardian knew of that marriage, after it had taken place, and gave his approval, then it is valid and they do not need a new marriage contract. However, carrying out such marriage is impermissible in the first place and if it was done, it should not continue. However, sexual intercourse between the couple is not regarded as Zina (adultery/ fornication) that incurs the due corporal punishment prescribed for that crime on both the man and the woman; since some Muslim scholars did not stipulate the approval of the woman’s guardian as a condition for the validity of the marriage contract. Since this opinion is outweighed as far as evidence is concerned, it dismisses the corporal punishment prescribed for the crime of those who had committed this act ignorantly assuming that it is permissible.
However, if all the due conditions and terms of a valid marriage in Islam are met except that of marriage announcement without any complicity on the sides of both parities, then the marriage is valid, and they should announce their marriage and have two witnesses so as to shun any potential resemblance to adultery. Therefore, the Prophet, sallallaahu ‘alayhi wa sallam, said: “Announce the marriage, make it in mosques and beat the tambourine [to announce it].” [Ahmad and At-Tirmithi]
On the other hand, if neglecting the marriage announcement involves the complicity of the concerned parities, Muslim scholars hold different opinions regarding the validity of such a marriage; some believe that it should be annulled due to its resemblance to adultery as it implies complicity to keep it secret. Meanwhile, other scholars believe that it is valid and should not be annulled as it meets the due requirements and conditions of a valid marriage in Islam; it is as valid as the marriage that implies no complicity in concealing it.
Allaah Knows best.