Secret Marraige
Secret Marraige

Book:

The book of Marriage -

Chapter:

The Conditions of the Contract

Section:Attestation by Witnesses
Topic/Issue:4016 - Secret Marraige --
Agreement:They agreed that attestation by witnesses is a condition of marriage. They agreed that a secret marriage was not valid. They disagreed about the witnesses who attest the marriage contract, but are instructed to keep it secret, whether it amounts to a secret marriage.
The source for the legality of proclamation is the saying of the Prophet (God's peace and blessings be upon him), "Proclaim this marriage and beat the drums "
Opinions:
Opinion FromOpinionExplanation
Imam MalikIt is a secret marriage and is to be rescinded.Attestation is a condition of validity. Hence for him, it does not comprise proclamation when the witnesses have been instructed to maintain silence
Imam Shafi,Imam Abu HanifaIt is not considered secret marraigeAttestation is a condition of completion as it serves the purpose of eliminating disputes or denial.
Others:
Abu ThawrAttestation by witnesses is not a condition for the validity of a marriage, neither a condition of validity nor that of completion.
Disagreement
Reasons:
The reason for their disagreement is whether the act attested by the witnesses can be designated as secret.
Tags :Worship,Marriage, Wali, Witnesses
References:2[pg:19]
Last Updated:2011-09-18

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