He—may Allah Most High have mercy on him—was asked:

A man married a woman “by a handshake,” agreeing to a bridal due of five dinars, payable at half a dinar each year. He has consummated the marriage and had intercourse with her. Is the marriage valid? If they have a child, will the child inherit? Are they liable to the prescribed punishment?

He answered:

Praise be to Allah.

If he married her without a guardian or witnesses, and they concealed the marriage, then this marriage is invalid by agreement of the imams. Indeed, the scholars hold that:

“There is no valid marriage without a guardian.”

“Any woman who marries without her guardian’s permission—her marriage is invalid, her marriage is invalid, her marriage is invalid.”

Both these wordings are reported in the Sunan collections from the Prophet, may Allah bless him and grant him peace.

More than one of the early generations said, “There is no valid marriage without two witnesses.” This is the position of Abū Hanīfah, al-Shāfi‘ī and Ahmad. Mālik requires that the marriage be publicly announced.

“Secret marriage” is akin to the marriages of prostitutes. Allah Most High has said:

“Chaste, neither committing fornication nor taking secret lovers.”

Thus, secret marriage is akin to the conduct of women who take secret lovers. Allah Most High has also said:

“Marry off the unmarried among you.”

And He Most High has said:

“And do not give women in marriage