Is it permissible to marry secretly without a guardian (wali) or public declaration, and can a marriage officiant (ma'dhun) document this marriage, given that the family rejects their marriage due to an age gap, and that they fear returning to haram if they do not marry?
Both men and women must fear Almighty Allah and avoid conversations that could lead to what is forbidden (). It is impermissible for a man to marry a woman secretly without a guardian (wali) and witnesses, according to the majority of scholars; such a marriage is invalid. If a woman agrees to marry a suitable man (kufu'), her guardian has no right to prevent her, and the guardianship transfers to the next distant guardian or the judge. If a woman fears falling into sin, marriage might become obligatory for her. If marriage is not feasible, then the relationship must be severed, and one's heart must be turned away from it. There is no harm for a woman to waive some of her rights, such as maintenance () or equal division of nights (qasm fil-mabeet), and concealing the marriage does not affect its validity if it takes place with a guardian and witnesses.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 114240
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy