Is a customary marriage between a man and a woman, without a legitimate contract, and with some relatives and friends as witnesses, but without the family's knowledge, considered a valid marriage Islamically, especially if the wife is divorced, has children, and is unable to publicly announce the marriage officially?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a marriage is conducted without a guardian (wali) or witnesses, it is invalid. However, the Hanafis hold that a mature woman may contract her own marriage, provided that the contract is witnessed by two men, or one man and two women.
If the couple desires to marry, they must complete a contract that fulfills all conditions. The validity of the contract is not affected by its lack of documentation, despite the importance of documentation to avoid problems that arise from unregistered marriage contracts.
Summarized from the full answer at Ftawy · imported
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