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Synopsis of Research: Secret Marriage in Islamic Jurisprudence. In the Name of Allah The Merciful The Beneficent, Secret Marriage in Islamic jurisprudence  / Abdulaziz Mohammed Al-Rubish

It is necessary today to manifest this kind of marriage, its verdict in Islamic Jurisprudence and its causes, for some people resort to it just for any reason. I set up a plan for this research consisting of an introduction, five topics and conclusion. The introduction includes the importance of this research, its causes and its general plan. In the first topic, I have clarified the definition of the secret marriage according to Moslem jurists. It's the marriage which has all the marriage conditions including the two witnesses who are advised to keep this marriage secret. The second topic includes the differences between the secret marriage and other similar marriages such as: The Customary Marriage and Misya'r Marriage_ The Customary Marriage is a legitimate marriage that fulfils its conditions, but not registered at specialized government departments; it's invalid without the approval of the guardian. ivlisyair Marriage fulfils all its condition and rules, but a wife waives some of her legitimate marriage rights. The third topic is about the verdict of the secret matrimony on which jurists have two different opinions. Adler presenting the discussions and evidence, I have outweighed the opinion of "Shafieya'h and Hariabilah" which states that it's permitted and valid but hated. In the fourth topic, I have showed that today's secret marriage is different from the secret marriage defined by jurists. Today, it means the marriage which is hidden by the husband form the wife, children, family members and relatives. Other hand, the husband declares this marriage among the second wife's family and her relatives. I concluded that such marriage is illegal and different from the secret marriage, because it's well-known among a group of people and it's not secret. The fifth topic deals with the motives and causes of secret matrimony. The most important causes are: fear of the first wife or children, fear of family, or to try polygamy to discover its success or failure, or for sterility, or because husband is known for his love of marriages, or because of mixing between male and female students at universities or work. Other causes are: objection of parents for marriage until graduation from university or for some bad financial reasons, or one of the couple may not be competent for the other, or for differences in religion. Consequently, secret marriage occurs because of intermixing between males and females which Islam forbids. The conclusion contains the most important results I have reached from this research.

Last updated on : January 12, 2023 3:08am