Couple married without knowledge of their parents
Fatwa No: 86773

Question

I am a Muslim young woman who got married to a Muslim young man without the knowledge of our parents. We were afraid to commit any sins if we did not get married. We are both still students and knew for certain that our parents would keep us from each other. We intend to confront our parents in the future, Insha-Allah. The marriage was consensual and a Mahr was given. The Niqah was done in a Mosque with an Imam and 2 male witnesses (we have a certificate of the marriage). But we did not have the knowledge of the Hadith: 'Ayisha (may Allah be pleased with her) said: The Messenger of Allah (peace and blessings of Allah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. Is our marriage valid or not? What Hadith proves that? And what should we do now?

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Your marriage is null and void for the Hadeeth which you mentioned in the question that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” [Abu Daawood, Ibn Maajah, Ahmad and Ad-Daarimi]

Moreover, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “There is no marriage except with (the consent of) a guardian.” [Ibn Hibbaan].

Therefore, you are both obliged to immediately separate from each other and then renew the marriage contract if you wish to marry with the presence and permission of your guardian [and the presence of two witnesses]

However, if you had sex with each other, it is not considered Zina (fornication or adultery); rather, it is a doubtful marriage (i.e. you married each other while believing that the marriage is valid). If you had any children from this marriage, they are traced back to their father since the Hanafi School of jurisprudence rules that a marriage without the guardian is valid but the latter has the right to cancel the marriage if the woman marries an unsuitable man.

Allaah Knows best.

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