Question Summary:
The following procedure was carried out. We both signed up a contract and including the signatures of 2 witnesses who were present during the nikkah one of whom was a hafez….

Question Detail:

im seeking your fatwa on a certain topic.im a student and ive been with this girl who is also a student for almost 2years.In order for zinna not to go on we decided to make nikkah.We confronted our parents with regard to allowing us to get married but they want us to finish our studies first and do not want to allow us to get married, so we decided to make nikkah without their permission. The following procedure was carried out. We both signed up a contract and including the signatures of 2 witnesses who were present during the nikkah one of whom was a hafez. i read the duah for the nikkah in the presence of the girl and the witnesses and the girl accepted in the presence of all. We could not have an imam present due to the closeness of the imam of the town and our parents and fearing we may get caught. Ive asked 2 other muftis and they said the nikkah is valid please i would like to know from you if the nikkah is valid or not?And what steps can be taken next in confronting our parents?Is there any duah that can be read that allah will put something in our parents hearts to allow us to get married in their eyes?jazakallah.

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
If the proposal to marry the girl and her acceptance took place in the presence of two male witnesses, your Nikah to the girl is valid. You are considered to be husband and wife. Presence of an Alim is not a requirement for the validity of the Nikah.
However, we do understand that you have performed the Nikah secretly to avoid being involved in sin. It is important that you inform your parents and explain them the urgency in doing what you have done. It is possible that they did not realize the urgency and need and therefore decided to postpone the marriage. You will have to consider the respect and dignity of your parents as well. If people come to know that you have performed a secret Nikah due to your parents refusal, your parents will become embarrassed and ashamed. As a son, it is your duty to protect the respect and dignity of your parents. Therefore, you must inform them so they can remedy the situation and “officiate” the Nikah.
Secondly, Rasulullah (صلى الله عليه وسلم) has encouraged for the Nikah to be announced and performed in the Musjid. The wisdom behind this is, that if any person would see you with this woman, they would not accuse you of an evil relationship. Therefore, you should take the courage and address the issue. Surely, your parents will understand and give you their blessings. If you continue in this manner you will undergo immense amount of pressure and stress that could eventually impact on your health and marital life. Always remember it is better to be frank and upright than keeping quiet and perishing from the inside.
And Allah knows best
Wassalam
Muhammed Zakariyya Desai,
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah