With great wisdom and foresight, Rasulullaah Sallallahu Alaihi Wasallam advised his Ummah:

“Publicize this bond of marriage and perform it in the Masjid” (Tirmidhi) 

From the texts of the Fuqaha (jurists) we learn that it is Mandoob (highly encouraged) for a person to make known his Nikaah and not to conceal it in any way as doing so will save a person from becoming the subject of false accusations in the eyes of people. Moreover, doing so will be in accordance with the teachings of Rasulullah Sallallahu Alaihi Wasallam i.e. to abstain from all such places wherein a person will become the target of abuse and false accusation. Therefore, a secret Nikaah is not in accordance to the teachings of Rasulullaah Sallallahu Alaihi Wasallam and moreover, this will lead to many negative repercussions. For example people having evil thoughts of the couple having an illicit relationship due to them not knowing that the couple are married and if perchance, due to unforeseen circumstances, the marriage has to established and proven in front of a judge, and one of the witnesses has passed on, there will no one else to give testimony that the couple married via a Shar’i Nikaah. (Fataawa Mahmudiyyah Vol 10 Pg. 476) 

However, the status of a secret Nikaah will depend on whether or not all the requisites of a valid Shar’i Nikaah were fulfilled. A valid Shar’i Nikaah is where Ijaab (proposal) and Qabool (accepting the proposal) take place in front of two witnesses (two Muslim, sane and Baaligh (matured) males or one male and two females) and there is no other reason that would render the Nikaah void (e.g. the girl getting married to a boy who is not compatible with her according to Shar’iah). If the correct Shar’i method as mentioned above is adopted for the secret Nikaah, then the Nikaah will be order, however, not according to the teachings of Nabi Sallallahu Alaihi Wasallam. If the Nikaah was not done according to the Shar’i method (e.g. required witnesses were not present at the time of Nikaah), then the Nikaah will not be in order and the couple will have to separate immediately. (Fataawa Mahmudiyyah Vol. 10 Pg. 577) 

People who get married via a secret Nikaah should somehow immediately let the people of the community know that they are married. However, the people of the community should not completely shun and reject such couples; rather they should educate the people about the teachings of Rasulullaah Sallallahu Alaihi Wasallam so that such incidents do not become common. Such incidents are normally experienced due to Haraam relationships, so if people will educate themselves with the teachings of Rasulullaah Sallallahu Alaihi Wasallam, such incidents will not occur Insha-Allah. 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Badat

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: 10 Jumaadal Ula 1440 - English Date: 17 January 2019