A Secret Marriage and Denied Rights: A Critique from an Islamic Law Perspective

Abstract

Today, secret marriages are a known problem among Muslims, but discussions and debates are avoided. People who are unwilling to take on the responsibilities of marriage yet do not want to commit adultery, one of the major sins in Islam, practice secret marriages. However, this leads to the deprivation of rights for parties and children born in these unions. Some claim that the legal justification for secret marriages is provided by the view that the presence of witnesses and the parties to be married is sufficient for a marriage contract. Therefore, this article aims to critically examine the views of the four Sunnī legal schools on testimony (shahada) or proclamation (i’lan) in relation to marriage, and how these conditions align with the requirement for protecting the rights of all parties involved in the marriage. Upon examination, this article also will delve into unregistered marriages and illustrate how both types of marriages do not adequately establish the rights of those involved. In order to accomplish this objective, the article will use a descriptive methodology that directly refers to primary texts and certain fatwa institutions, such as the Diyanet (the Presidency of Religious Affairs in Turkey), to present the jurists’ discourses.

Keywords

• secret marriage
• unregistered marriage
• announcement
• Sunnī view
• rights
• the Diyanet