Is a secret marriage, without the knowledge of the family and guardian, and without paying the agreed-upon dowry, considered permissible, and what is the method for seeking a divorce if the husband refuses?
A marriage without a guardian (wali) is invalid according to the majority of jurists, whether the woman is a virgin or previously married. Its annulment is carried out by a judge if the husband does not consent to divorce. A فاسد (irregular/corrupt) marriage, if consummated, entails the same effects as a valid marriage, such as the entitlement to dower (mahr). It is advisable to refer the matter to a Sharia judge if the husband does not divorce, especially if he is incapable of consummation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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