Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Aslaamalikum Sir,

i am 35 years and i am in love with a girl of 23 years age from last two years. we are in contact to each other and we both love each other.In pakistan a bad tradition is that her parents dont want to marriage her outside from the family. they belong to Malik family. we try to do marriage through court but the fear is that her parents may come to know and kill her also they can do any action against me. Islam allows the willingness of both girl and boy after the age of 18 years for marriage. now 5 months before due to our security reason we drop the court marrage and i said to her three times that you accept me as a husband and she replied three times that Yes,
i accept you as my husband. now we both meet and talk with each other as wife and husband.
i want to ask
1. is our this act is right?
2. is our marriage is legal and according to Islam?

i am waiting for your early reply.

Allah Hafiz

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Answer:

Secret marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question-1: is our this act is right?
Your Question-2: is our marriage is legal and according to Islam?
For a ‘marriage’ or ‘nikaah’ to be lawful and acceptable in the Sight of Shariah Law and of Allah Subhanah, the following four absolutely obligatory conditions of an Islamic ‘nikaah’ have to fulfilled:

1. Proposal by one party and acceptance by the other.
2. The determination of ‘mehr’ for the bride.
3. The availability of at least two witnesses to the marriage contract.
4. The consent of the parents/guardians of the bride to the marriage contract.

Dear and beloved brother in Islam, even if one of the above four listed obligatory conditions are violated, the marriage between the couple will be absolutely invalid, unlawful, and illegal…..not only in the Sight of Shariah Law and the believers, but also in the Sight of Allah Subhanah.

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah

Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for it is the immoral woman who gives herself in marriage."

Thus the mere declaration of the boy and girl that they accept each other as husband and wife three times (or even if it were three million times!) by itself has absolutely no legal basis, or weight, or acceptance in the Sight of Shariah Law or in the Sight of Allah Subhanah. Allah is our witness brother, if after such mere acceptance amongst each other, if the two were to meet as a husband and a wife, they would be guilty of the absolute abomination and grave crime of ‘zina’ in the Sight of Allah Subhanah!

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan