Is a marriage valid if it is contracted secretly without public announcement?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A marriage contracted with a guardian (wali) and two witnesses is valid even if the parties keep it secret or agree to conceal it. This view is held by Abu Hanifa, Al-Shafi'i, and Ibn al-Mundhir. Those who disliked secret marriage (makruh) include Umar (may Allah be pleased with him), Urwah, 'Ubayd Allah ibn 'Abd Allah ibn 'Utbah, Al-Sha'bi, and Nafi' the freed slave of Ibn Umar. The evidence supporting validity is derived from the hadith, "There is no marriage except with a guardian," understood as meaning the contract is established by the guardian even without public declaration (idhhar). Furthermore, marriage is a reciprocal contract (mu'awadah), and its publicization is not a prerequisite, unlike in a sale. Reports concerning public announcement are intended as recommendations (istihbab), evidenced by the associated instruction to beat the drum (daf), which is not obligatory; thus, what is connected to it shares the same ruling.
Supporting text
The opinion that the marriage is invalid is held by Abu Bakr 'Abd al-'Aziz, based on the statement attributed to Ahmad that a marriage with a guardian and two witnesses is invalid unless it is publicly announced. This aligns with the school of thought of Malik. The argument against validity is countered by noting that Ahmad himself previously clarified the public announcement as recommended (istihbab). Moreover, the public announcement and the beating of the drum usually occur after the contract is concluded; if it were a condition, it should be considered at the time of the contract, like all other conditions.