What is the ruling on the continuation of a secret marriage between a man and a woman, which the family and some friends know about, but whose continuation has been hidden from the mother, who stipulated its announcement or divorce, and from the wife’s ex-husband and the husband’s wife, for fear of the repercussions of its announcement on them and on the children?
For a marriage to be valid, the presence of a guardian (wali) is a prerequisite; the mother's presence alone is not sufficient. Therefore, if the guardian is not present, the marriage is invalid. The husband must be separated from or the marriage contract must be renewed in the presence of the guardian. The guardian is one of the brothers if the father or son is not present. Publicizing the marriage (ishhar) is recommended but not a condition for its validity. It is also advised to document the marriage to secure rights and avoid suspicion. Furthermore, the marriage of a custodial mother removes her right to custody, and it is not permissible to conceal a marriage in order for the mother to retain custody if another custodian exists.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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