Conditions of a Valid Marriage
Fatwa No: 379084

Question

Assalamualaikum..2yrs back, I married my cousin secretly in the presence of qazi, lawyer, and two witnesses (my friends).After that she went back to her city and we hadn't met yet, we r connected via texting and calls only.Her parents were against this relationship, so we didn't told them about our nikah as we were waiting for the right time.Later, a friend of mine told me that such kind of marriages isn't valid in islam and we are in a haram relationship.We got disturbed.Now after two years her parents got convinced by seeing our patience and both our families are ready for our marriage (after few years from now).We hadn't told them the truth yet as we ourself don't know whether we are in nikah or not.If our nikah is applicable according to the Islamic rulling than what should we do now?And if it is not valid would I be a non mahram for her? I just wanted to stay in touch with her on phone until our marriage.PLEASE GUIDE USFrom the nikah till today its been 2 years.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

In order for marriage to be valid, then it must fulfill its conditions, the most important of which is the presence (or consent) of the guardian as well as having two male witnesses, as explained in Fatwa 83629.

This shows you that this marriage is not valid, because it took place without the consent (or permission) of the guardian of the girl. However, if an Islamic judge rules it to be valid, then this would be accepted.

The scholars differed regarding this matter as stated by the author of the book “Al-Muhaththab” from the Shaafi’i school of jurisprudence.

In all cases, renewing the contract in the presence of her guardian and two witnesses is better, and you will be on the safe side. Doing so will save embarrassment and hard feelings with her family; you do not have to tell them about the first contract.

Allah knows best.

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