Fatwa ID: 08738

Answered by: Alimah Maryam Badshah

Question:

I am a Hanafi. I married with 3 male Muslim witnesses, with offer and acceptance. I am an adult and sane. It was a secret marriage (families not informed yet). Is my marriage valid according to the Hanafi madhab? Can I live with my husband and have relations without sin?

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

Answer:

A Nikah consists of three conditions: first the proposal of marriage (Ijaab) is made, after which would be the acceptance (Qabul), alongside witnesses. According to the Hanafi Madhab, the marriage of a mature woman without a Wali (guardian) is valid so long as the person she has married is considered compatible with her at the time of marriage. However, if the husband is not compatible the guardian has a right to invalidate the marriage.

Whilst you have not stated your reason for having kept this secret, marriage is a sacred contract and not something to be kept hidden. The purpose of a Nikah is to bring two families together, to publicly announce that you are now married, and to inform everyone that your relationship is not one of zina. In keeping your marriage secret you are deceiving others who believe you to be unwed, destroying your integrity and their trust in you. This can lead to detrimental, and often irreparable, damage to your relationship with your parents and others, as well as leaving you vulnerable to not having your rights fulfilled and being deceived yourself. You should announce your marriage as soon as possible to your family, being honest and sincere in your approach.

References:

(وَأَمَّا رُكْنُهُ) فَالْإِيجَابُ وَالْقَبُولُ، كَذَا فِي الْكَافِي وَالْإِيجَابُ مَا يُتَلَفَّظُ بِهِ أَوَّلًا مِنْ أَيِّ جَانِبٍ كَانَ وَالْقَبُولُ جَوَابُهُ هَكَذَا فِي الْعِنَايَةِ…(وَمِنْهَا) الشَّهَادَةُ قَالَ عَامَّةُ الْعُلَمَاءِ: إنَّهَا شَرْطُ جَوَازِ النِّكَاحِ هَكَذَا فِي الْبَدَائِعِ وَشُرِطَ فِي الشَّاهِدِ أَرْبَعَةُ أُمُورٍ: الْحُرِّيَّةُ وَالْعَقْلُ وَالْبُلُوغُ وَالْإِسْلَامُ…

Al-Fatāwa al-Hindiyyah (Vol.1, pg.267, Dār Al-Fiqr)

فَإِنَّ حَاصِلَهُ: أَنَّ الْمَرْأَةَ إذَا زَوَّجَتْ نَفْسَهَا مِنْ كُفْءٍ لَزِمَ عَلَى الْأَوْلِيَاءِ وَإِنْ زَوَّجَتْ مِنْ غَيْرِ كُفْءٍ لَا يَلْزَمُ

Raddul Muhtār (Vol.3, pg.84, Dār Al-Fiqr)

Only Allah (عز و جل) knows best.
Written by Alimah Maryam Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham