What Is the Ruling on an ‘Urfi Marriage (Secret Marriage) Without Witnesses?
Answered by Shaykh Bassem Itani
Question
What is the ruling on an “‘Urfi” marriage (secret marriage) without witnesses?
Answer
All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.
Marriage is one of the practices of the Messengers and part of the natural disposition that Allah has instilled in humanity. Allah (Most High) says:
“Then marry other women of your choice.” [Quran, 4:3]
It is authentically narrated that the Prophet (Allah bless him and give him peace) said:
“I marry women, so whoever turns away from my Sunna is not of me.” [Bukhari; Muslim]
Marriage has pillars and conditions that must be fulfilled for it to be valid. The matters of marriage are serious, and precaution is necessary as marriage forms the foundation of life and continuation of lineage, with implications for inheritance and family relations.
Among the conditions of a valid marriage contract are the presence of the guardian (wali), witnesses, the dowry (mahr), and mutual acceptance (offer and acceptance) from both the groom and the bride or her guardian. For various reasons and circumstances, types of marriage contracts have emerged that deviate from what is traditionally accepted. One such contract is what is known as “‘Urfi marriage,” which is essentially a secret marriage.
Definition of “‘Urfi” Marriage
Legally, it is defined as a marriage contract that is not documented in an official document, whether written or unwritten. It is also described as a contract that fulfills all its Islamic conditions except for official documentation, whether official or customary. [al-Fiqh al-Muyassar]
This definition clearly shows that there is no difference between a regular Shari‘a-compliant marriage and an ‘Urfi marriage, except for the matter of official documentation.
However, there are certain forms of what is called “‘Urfi” marriage, including one where the marriage contract is carried out without witnesses. This is an invalid and impermissible form. As stated in a fatwa from the Egyptian Dar al-Ifta’, titled “Al-Zawaj al-‘Urfi bi Ghayr al_Shuhud” (‘Urfi Marriage Without Witnesses) dated 3rd Jumada al-Awwal 1385 AH (August 30, 1965):
“Marriage without witnesses is considered invalid. One of its rulings is that it is not permissible for a man to consummate the marriage with a woman. If he does so, he is considered sinful, and both must be disciplined, and separation between them is required.”
This is a brief summary, and there are many fatwas addressing this issue. For further details, one may refer to contemporary collections of fatwas.
And Allah (Most High) knows best.
[Shaykh] Bassem Itani
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.
