Is a secret marriage contracted without a guardian and only two witnesses considered void? And is abortion permissible in this case, for fear of the family's reaction and the husband's claim that the pregnancy is from adultery?
Islam has forbidden the marriage of a Muslim woman without a guardian (wali). A non-Muslim has no guardianship over her. If none of her relatives are Muslim, then the Muslim authority, or the , or the imam of the Islamic center acts as the guardian. The mentioned marriage contract is invalid and must be annulled, and you must separate from the husband. He should renew the marriage in a -compliant manner if he wishes to do so; otherwise, our advice is to turn away from him. It is not permissible for him to request an abortion, nor is it permissible for you to abort the fetus if the soul has been breathed into it, otherwise, it would be considered killing a soul. The child is attributed to its father and is not considered born out of wedlock; rather, it is from a marriage of شبهة ( شبهة - a doubtful or irregular marriage contract) through which lineage is established. Trust in Allah, repent to Him, and separate from this man because the marriage contract is void: "No marriage is valid without a guardian."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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