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What is the ruling on marrying a girl who secretly embraced Islam three years ago and does not want to declare her Islam for fear of her family, especially given that she was defrauded in the name of a legitimate marriage by another person?

1 min readAlso available in العربية

A woman's marriage without a guardian (wali) is invalid. A man's statement that his marriage to a woman is merely by calling upon Allah as a witness is null and void. Marriage without a guardian and witnesses is invalid by the consensus of the four Imams.

If the man believes this marriage is permissible, the woman should not marry until he divorces her. If he refuses to divorce, the judge can annul their marriage.

If he has consummated the marriage with her, she is not permitted to marry until her waiting period ('iddah) from him has ended.

It is permissible to marry the woman after her waiting period has ended, provided that the marriage is conducted through her guardian. If all her agnatic relatives are disbelievers, then the Muslim judge is her guardian. If a judge is unavailable, a trustworthy Muslim man, with her permission, can undertake her marriage.

Documenting the marriage contract is not a condition for its validity, but it prevents significant harms such as the loss of legal rights like lineage and inheritance.

If a valid and documented legal marriage with this woman is possible, there is no objection. Otherwise, seek another woman. She must be treated as a stranger until a legal marriage contract is concluded.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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