Secret marriage through phone invalid
Fatwa No: 338692

Question

I am going through a depression. I want to ask; I got married on the phone without witnesses and without my guardian's consent. There was only the offer and acceptance on the phone, and no one heard it except us, and we agreed that it would be a secret. I know that such marriage is not valid. Then, one day, we had a fight, and he told my mom about the marriage, but I denied it. Then I contacted him after some time, but it was difficult for me to contact him, so there was no more contact. The, one day, I saw him in a mall, and I lied to him and told him that I had gotten married to another person, and he said, "Ok." After some time, my father married me to someone else, and I was living with him, but then he gave me a divorce, and now I am in the waiting period. Now I want to marry a third person, but someone told me about your website; that you say that an invalid marriage must be annuled by a divorce, so I am confused, and that is why I am asking about this. Can u please guide me? Can I get married with the third person once my waiting period is over?

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Marriage is only valid if it fulfills the conditions that the scholars of Fiqh have clarified; the most important of which is the consent of the guardian and the presence of two witnesses. To review these conditions, please refer to fatwa 83629.

So the marriage, according to what you mentioned, did not take place between you and that man, as this is not a marriage at all; rather, it is a kind of play.

It is not befitting to conduct a marriage in that manner because marriage is a religious rite and Allaah described it as a solemn covenant; Allaah says (what means): {And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?} [Quran 4:21]

Therefore, you should know that after what happened, you are considered unmarried, and there is no harm for you to get married again; that goes for the marriage that really took place and after which divorce happened and also for the marriage that you intend to enter into now.

Allaah knows best.

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