Is a common-law contract concluded without a legitimate (Sharia-compliant) formula and without the gathering of witnesses valid in Sharia? And does it entail divorce and 'iddah (waiting period)? And if you want to marry him publicly, does he divorce you first? And is it obligatory to inform the prospective husband about this secret marriage?
Sincere repentance is obligatory, along with increasing good deeds, staying away from non- men, and occupying one's time with acts of obedience. The concluded marriage contract is not Islamically valid for several reasons: it was done without the guardian's permission, possibly before a waiting period (istibra') from adultery, and the witnesses' testimony is invalid. The husband must separate from the woman, or she should go to the judge to annul the marriage. She is permitted to marry after her waiting period ('). If she wishes to marry the same man, his sincere repentance must be verified. If she marries someone else, what happened must be concealed.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 54942
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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