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Fatwa CenterThis marriage is void for many reasons
Question
Assalamalaikum, I am female of 27 yr old, cannot say married or unmarried, because I am secretly married without knowledge of my parents, with the help of khazi, my husband is 43 years old, married, with 2 childrens, he is religious and a good person. we were working together in office.
while nikah, i gave my false name, as my husband told, nikah happened over the phone, khazi bought the gahwah from his known people, my husband told the false reason to khazi that, the girl is already married, and by mistake the husband and wife taken talakh so the husband to remarry the girl, he is marring the girl and giving talakh immediately, so that girl can remarry the old husband. bcoz khazi was close to his family.
Alhamdullilah we were leaving life happly, till a day we read on islamic site as marring without guardian permission is not valid, then we asked fatwa in islamic site, then they said our marriage is valid as khazi is involved, so khazi is like guardian and our marriage is valid. again we continued, till he listened the bhaiyan that marriage without guardian permission is not valid, so again he asked for fatwa and answer was in some fiqh this marriage is valid, and even with zakir naik the answer somewhat seems valid ,then again we continued, again 2 days back he heard in quran, surah maida, so kindly give quran & hadith proof & say whether our marriage is valid or not. even i am fed up wtih my husband doubts, he is scared that our marriage valid or not.
And also note that, till now we have not informed anyone, we married in 2004, and now my health is not very good, i am taking medicines. And my family, seems not very keen on my marriage, doctor also told not to do marriage immediately, and even my husband is not interested to reveal about our marriage to his family, he is waiting if situation arise for him for his second marriage then he might inform and not till then, and even nor i can tell in my family, as i know they will not approve. plz reply soon.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Marriage is one of the Signs of Allaah and one of the great rites of Islam; Allaah Says (what means): {And of His signs is that He created for you from yourselves mates that you may find tranquility in them.}[Quran 30:21] Since this is the case, marriage should be honoured and its status should be respected, so it is not permissible to abuse the marriage in the same manner which you described in the question. In reality, this is a void marriage for many reasons:
1- It took place without the consent of the women’s guardian, and the consent of the guardian is a condition for the validity of the marriage contract according to the preponderant view of the jurists 
. For more benefit, please refer to Fataawa 85057 and 86438.
2- It took place through the phone. Marriage through the phone is void, and this is the view we consider to be the preponderant one as it is not possible to meet the conditions of marriage contract in such a marriage. This is clear in this case as the witnesses witnessed to a woman whom they did not know and she mentioned a name other than her real name. So, the wife was not defined as it should be.
In addition to this, there are other evil matters that took place, among which is that the husband lied and claimed that his marriage was to make a woman permissible for her previous husband. This is a double evil: lying is forbidden and the marriage of a person who marries a woman in order to make her permissible for her previous husband is not permissible.
Therefore, you are obliged to leave this man and it is not permissible for you to let him have sexual intercourse with you, so it is an obligation to invalidate this marriage.
Finally, what you mentioned in the question that this marriage is valid because it was performed by the Khazi (marriage registrar) and that the Khazi is like a guardian for the woman, then this is not correct. For more benefit on the conditions of a correct marriage, please refer to Fatwa 83629.
Allaah Knows best.
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