Marriage without Parental Knowledge or Consent

30-9-2002 | IslamWeb

Question:

I am a Muslim living in a non-Muslim country. I had a relationship with a Muslim woman and finally our parents found out. After some difficulties they finally accepted us to get engaged till we finish our studies although I proposed the idea of Nikah without a big celebration party as I can't afford that at the moment, but they refused. They offered to spend on the big celebration which my parents refused. In the end I was once again with that girl as a fiancée in the non-Muslim country, final decision being that we will get married after I finish my education and able to afford this kind of Valeema. One year later when I could no longer wait I finally got married to her in a mosque. At this moment no one but one of my sisters knows about it. Is this Valid? If not what should I do next? If it is valid am I suppose to inform them when they are going to do the Nikah again after I finish my education?I read today some of your Fatwas concerning marriage without consent but I think that my situation is perhaps a bit different, for e.g. was a big Valeema celebration really necessary for the girl's family circle to be satisfied and for their social status sake?

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.

What you and the lady to whom you were engaged did is wrong. Actually, you should not have done the marriage contract without the consent of the Wali (guardian) of this woman. Know that a marriage without Wali is a void marriage. If there were no witnesses, the matter gets worse. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “No marriage should take place without the consent (and presence) of a Wali and two witnesses.” [Al-Bayhaqi and Al-Albaani classified it as authentic].

Based on the above, this woman is still a non-Mahram woman to you. So, any intimate relations you had during this period is forgiven because of your belief that the marriage was valid in this way. But if you believe that it was an invalid marriage and yet you continued having intimate relations with her, then what you did was pure Zina (fornication or adultery).

In both cases, you should repent to Allah; first by giving up this illegal marriage, having remorse for this misdeed, and never doing this sin again.

After repenting, you should redo the contract in a correct way if you desire to live together with this woman according to the Sharee’ah.

Know also, that a Muslim should not do anything unless he knows its ruling in the Sharee’ah. Allah Says (what means): {So ask the people of the message if you do not know.} [Quran 16: 43]

Allah knows best.

www.islamweb.net