Re: Can I do a Nikah??
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
With regard to secret marriage, which they agree to conceal and for which they do not bring any witnesses, it is invalid according to all the scholars and it comes under the heading of immorality. Allaah, may He be exalted, says (interpretation of the meaning): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24].
Majmoo’ al-Fataawa (33/158).
He also said:
If they get married without a wali or witnesses, and conceal the marriage, this is an invalid marriage according to the consensus of the imams. Rather the view of the scholars is that “there is no marriage without a wali” and “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid”. Both of these phrases are narrated in al-Sunan from the Prophet (blessings and peace of Allaah be upon him). More than one of the early generation said: There is no marriage except with two witnesses. This is the view of Abu Haneefah, al-Shaafa’i and Ahmad, and Maalik regarded it as obligatory to announce the marriage.
Secret marriage is akin to a relationship with a prostitute. End quote.
Majmoo’ al-Fataawa (32/102, 103)
and yet taqi usman (born 1943 ce) says that the hanafi madhab says otherwise.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
With regard to secret marriage, which they agree to conceal and for which they do not bring any witnesses, it is invalid according to all the scholars and it comes under the heading of immorality. Allaah, may He be exalted, says (interpretation of the meaning): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24].
Majmoo’ al-Fataawa (33/158).
He also said:
If they get married without a wali or witnesses, and conceal the marriage, this is an invalid marriage according to the consensus of the imams. Rather the view of the scholars is that “there is no marriage without a wali” and “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid”. Both of these phrases are narrated in al-Sunan from the Prophet (blessings and peace of Allaah be upon him). More than one of the early generation said: There is no marriage except with two witnesses. This is the view of Abu Haneefah, al-Shaafa’i and Ahmad, and Maalik regarded it as obligatory to announce the marriage.
Secret marriage is akin to a relationship with a prostitute. End quote.
Majmoo’ al-Fataawa (32/102, 103)
and yet taqi usman (born 1943 ce) says that the hanafi madhab says otherwise.
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