Conducting a marriage contract in t...

Egypt's Dar Al-Ifta

Conducting a marriage contract in the presence of only one witness

Question

What is the ruling on the validity of a marriage conducted in the presence of only one witness and without the knowledge of the girl's guardian?

Answer


Among the pillars of marriage is that he two witnesses must hear the spoken form i.e. the offer of marriage and its acceptance.

The ruling
• The secret marriage contract mentioned in the question is invalid because it lacks one of its main pillars.
• The woman must receive her dowry [Ar. Mahr] because the marriage was consummated.
• Any offspring is to be attributed to the woman's partner in this secret marriage.
• Since this is an illicit intercourse, the two must immediately separate.

And Allah Almighty knows best.

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