What Is The Judgment On Having A Secret Nikah?

Fatwas

What is the judgment on having a secret nikah?

A marriage contract concluded by the parties without knowledge of their families and acquaintances, although they declared their intention before witnesses, is called a secret nikah. Such contract does not comply with general principles of religious nikah and family life since the principle of publicity, which is essential for a nikah is not observed. As it cannot be said that a nikah contract that is known by only two witnesses is public, a contract which is concluded without the presence of families, relatives, and neighbors is still considered a secret nikah. In this respect, Prophet Muhammad (saw) said, “Publicise this marriage...” (Tirmidhi, Nikah, 6; Ibn Majah, Nikah, 20); “The distinction between the lawful and the unlawful is the Duff and the voice” (Tirmidhi, Nikah, 6), and pointed out to the essentiality of publicity and even registration of marriage. Abubakr (ra) also defined a secretly concluded nikah contract null and invalid (Sahnun, al-Mudawwana, II, 128,129).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA