Islamic marriage advice and family advice

How can I legalize my secret marriage?

Assalamualaikum.

I need some urgent help from an aalim or a mufti. I am a hanaf'i guy and I married a hanafi girl. The marriage took place without the knowledge of the walis of both parties.

I have actually came across a book by Maulana Ashraf Ali Thanvi Rahmatullah Alaihi, on the website http://darululoom-deoband.com/english/books/nikah.htm#.  In the book Maulana said ''If both the man and woman are mature, they can perform their own nikah. All that they have to do is say the following in the presence of two witnesses: One of them must say: "I am making my nikah with you" and the other must say : "I accept." In so doing, the nikah will be valid.''

So now how can I legalize my nikah, because I did not appointed any Qazi? Only 4 people were present at the time of nikah.

-Sam121


Tagged as: , , , ,

14 Responses »

  1. Assalamu alaykum brother,
    there is no "secret" marriage in Islam. To be valid, a marriage has to meet certain requirements such as announcement, the payment of the mahr (dower), the consent of both parties, the permission of the wali (woman's guardian), and the presence of witnesses.if these conditions are not fulfilled your mariage is not valid brother you and the girl need to do tauba. After you both have done tauba ,y ou could get married with the permission of her wali and the presence of witnesses.

    • AsSalaamu Alaikum,

      Masha'Allah! I see only one Mufti Muslimah on this forum.

      If the brother is not feeling ok with the Hanafi procedure in the Nikah, then why not just follow the three Madh'Habs, (the Maliki, Shafi'i and Hambali) whose opinion (regarding this particular matter) is the most correct opinion?

      For the Nikah procedure according to the three Madh'Habs, see what muslimgirl has said above.

    • Assalaamualaikam

      I agree; the basic principles of nikah need to be present. It might be worth reflecting on why you both felt you needed to get married in this way - were you concerned her wali might reject your proposal? - did you need to get married in a hurry for some reason? - why does it need to be secret?

      I'd suggest trying to resolve the underlying issue; for example, if you were concerned your proposal wouldn't be accepted, think about the reasons why this was a worry - if it was a personal issue, work to resolve that, and if it was an issue with her wali acting un-Islamically, maybe ask a local imam or respected member of the community to mediate and help resolve any dispute.

      Midnightmoon
      IslamicAnswers.com editor

    • It is the Allah,Who can decide whether the marriage is valid or not. If they both are Muslims, and they had two Muslim witnesses and their intention of marriage is true, then Allah may have accepted it. Allah is All-Knowing. Whether parents and family members accept or not should not be an issue. Mostly parents want bride or groom to be from particular ethnicity or expect them to have good worldly education or look for physical features or wealth and they never look for Imaan or even if they do, Imaan comes last in the list. Why should one listen to parents for whom Imaan is not the top-most priority?

  2. Sister muslimgirl has given short and simple answer to resolve the issue. i would second her.

    i would like to add that once nikah done properly, get it registered legally(government law) as per rules of your country.

  3. Assalamualaikum wa rahmatullahi wa barakatuh

    The reality of the matter, is that the Hanafi madhab does not decide what is legal and what isn't. That domain is with Allah aza wa jal.

    Imam Ahmad, At-Tirmidhi and Ibn Jarir At-Tabari recorded a Hadith via several chains of narration, from `Adi bin Hatim, may Allah be pleased with him, who became Christian during the time of Jahiliyyah. When the call of the Messenger of Allah reached his area, `Adi ran away to Ash-Sham, and his sister and several of his people were captured. The Messenger of Allah freed his sister and gave her gifts. So she went to her brother and encouraged him to become Muslim and to go to the Messenger of Allah . `Adi, who was one of the chiefs of his people (the tribe of Tai') and whose father, Hatim At-Ta'i, was known for his generosity, went to Al-Madinah. When the people announced his arrival, `Adi went to the Messenger of Allah wearing a silver cross around his neck. The Messenger of Allah recited this Ayah;

    ﴿اتَّخَذُواْ أَحْبَـرَهُمْ وَرُهْبَـنَهُمْ أَرْبَاباً مِّن دُونِ اللَّهِ﴾

    (They took their rabbis and their monks to be their lords besides Allah). `Adi commented, "I said, `They did not worship them.''' The Prophet said,

    «بَلَى إِنَّهُمْ حَرَّمُوا عَلَيْهِمُ الْحَلَالَ وَأَحَلُّوا لَهُمُ الْحَرَامَ فَاتَّبَعُوهُمْ فَذَلِكَ عِبَادَتُهُمْ إِيَّاهُم»

    (Yes they did. They (rabbis and monks) prohibited the allowed for them (Christians and Jews) and allowed the prohibited, and they obeyed them. This is how they worshipped them.)
    http://www.qtafsir.com/index.php?option=com_content&task=view&id=2565&Itemid=64service=https://my.ucmerced.edu/uPortal/Login

    • Masha'Allah, Brother Mahmud is around-lol.

      • I asked a question about a month ago is still isn't answered . How long does it take to get a question answered ?

        • Rena, we have 110 posts pending and we've slowed down the rate of publication because our Editors are all busy or going through various life challenges right now. I'd say the wait is about 2 to 3 months. I suggest you search our website for posts similar to yours that have been published in the past.

          Wael
          IslamicAnswers.com Editor

      • Since the Jews and Christians did it, it will occur among this Ummah.

  4. As-Salaamu'Alaykum , My comments have been removed so I pray for the person for guidance, and I ask you sincerely that please leave this sectarianism,

    [1] Allah said in Qur'an 6:159: "those who have divided their religion and become sects - you, [O Muhammad], have nothing to do with them [in the least]..."

    [follows>>>]....when prophet Mohammad[SAW] said that there will be 73 sects he didn't say there should be! And he said ALL will be in Hell excpet the one that follows my Sunnah; So please ...

    [2] Even Imam Abu Hanifa, Imam Shafi', Imam Malik, Imam Ahmed have unanimously said in the wordings somewhat like: "if my fatwa goes against Qur'an [& or] [Sahih] Hadeeth, then throw my fatwa on the wall and follow the Hadeeth"

    [3] So please; if you wanna know your marriage lawful or unlawful then please go to a scholar who's neither Hanafi nor Shafi' but one who "Only Follows Qur'an and Authentic Sunnah"

    JazakAllah khair

  5. Asalamo alaikum,

    I am hanafi Muslim, I'm married and have a wife and kids, and we have no problem in our life, but I do love another girl also, without having any physical relation. she knows that I am married and she is aware of all my life conditions, but we truly love each other. for making this love true we decided to have a secrete Nikah, without telling anyone just in presence of two witnesses and Mullah. and we don't want to harm any one's life with this. she is totally agree with this condition and we are both waiting for that moment. please advice us.

    Ahmad and Zahra

    • Ahmad, wa alaykum as-salam. What you are describing is a terrible idea. Sooner or later your second marriage will come to light, and at that point the secrecy will harm and perhaps destroy your current marriage. Furthermore, there is no secret marriage in Islam. One of the conditions of nikah is that it be publicized.

      Wael
      IslamicAnswers.com Editor

      • Umer - your encouraging bid ah

        We the Muslim ummah have been united for over 1100 years on following quran and sunnah according the the great 4 imams ( hanafi , maliki , shafI, hanbali) that means ijma of the scholars of every generation

        - Abu haneefa was from the period of the salaf
        - imam bukhari came 300 years after the prophet he was not from the golden age of the salaf , - ﻻHE WAS A SHAFI he did not follow quran and sunnah according to his great knowledge of hadith it takes far more then knowledge of hadit to.come.to a rulIng

        Imam shafI was not talking to you with the statement he made this was for the ahlul ilm.

        The prophet said ' the ulema are the inheritors of the prophets ' you abandon them and dwell in to hadith it yourself - we will.end up like Christians eacheck person making his own understanding and belief of God's religion

Leave a Response

Cancel Reply