Question:
is the marriage written on a paper without witnesses valid?
DETAILS:
I AM 37 YEARS OLD, AND MY FIANCÉE 23.
WE CANNOT GET MARRIED BECAUSE OF MISSING MY FAMILY ACCEPTANCE. TO AVOID ADULTERY, I MADE A MARRIAGE CONTRACT ON A PAPER ON WHICH WE SPECIFY MUQADDAM & MOUAJJAL, MEANWHILE THE SITUATION WITH MY FAMILY PERMIT THE ANNOUNCEMENT OF A NORMAL MARRIAGE.
DURING A TELEPHONIC CONVERSATION I SAID TO HER : YOU ARE TALAAQ IF YOU LIE IN THIS MATTER, AND I ASK HER SOME QUESTIONS.
LATER ON SHE RECOGNIZE THAT SHE LIED IN THAT MATTER.
1- IS THIS MARRIAGE VALID WITHOUT WITNESS, AND ONLY ON PAPER? AND
CAN WE ACT AS HUSBAND AND WIFE TILL IT WILL BE PUBLIC?
2- IF YES HOW SHOULD WE DO WHEN MAKING THE MARRIAGE PUBLIC AND
LEGAL? SHOULD THIS SECRET MARRIAGE BE PUBLISHED, OR WE CAN MAKE THE NEW ONE LIKE IF THE SECRET ONE DOESN’T EXIST (PREFERRED) ?
3- IN ANY CASE THE TALAAQ WAS HAPPENED? IS IT ONE FROM 3 ALLOWED?
JAZAKALLAH KHAIRAN
Answer:
The marriage contract written on paper without any witnesses bearing testimony to it is invalid therefore no Talaaq has taken place. Since this Nikah is invalid the two of you cannot act as man and wife. The two of you can only do so once Nikah is performed in the proper manner with the permission of the girl’s father.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
25 December 2004
13 Thul Qa’dah 1425