Fatwa ID: 03550

Answered by: Alimah Nasima Umm Hamza

Question

Assalamualaikum,

What is the ruling in Islam regarding the marriage of an adult Muslim male, who does his own nikah to a divorcee girl in the presence of two witnesses, mahar is set, but neither the girl nor the witnesses were allowed to announce the marriage?

After some time, if this guy utters a word of talaq once, what is the status of marriage then? Will such nikah or divorce takes place in Islam? Please detail the guidance needed. JazakAllah

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

A nikah is valid when the offer and acceptance takes place between the man and woman (or her representative), with the presence of two sane, male, Muslim witnesses, or one male and two female witnesses.[1]

The announcement of the nikah to the people is mandoob (recommended). To keep a marriage a secret is against the sunnah, and many problems can occur because of this. It is not recommended for anyone to keep a marriage hidden.

However, all the conditions of nikah were met in the case you mentioned and therefore the nikah itself is valid.

Thereafter, if one talaq is said to the wife, this talaq is valid and counts as one revocable divorce. She will enter her iddah. The husband has the choice to take her back before three menstrual cycles are completed.

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Al-Hidayah, Kitab an-Nikah, Volume 1, page 185