Married Her Unofficially Then Left Her And Went Back To
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Bismillah Al-Rahman Ir-Raheem,
Allah (SWT) said:
"O mankind! Be dutiful to your Lord, Who created you
from a single person, and from him He created his
wife, and from them both He created many men and women
and fear Allâh through Whom you demand your mutual
(rights), and (do not cut the relations of) the wombs
(kinship). Surely, Allâh is Ever an AllWatcher over
Also Allah (SWT) said:
"O you who believe! Stand out firmly for justice, as
witnesses to Allâh, even though it be against
yourselves, or your parents, or your kin, be he rich
or poor, Allâh is a Better Protector to both (than
you). So follow not the lusts (of your hearts), lest
you may avoid justice, and if you distort your witness
or refuse to give it, verily, Allâh is Ever
WellAcquainted with what you do." [4:135]
I'm writing to you in hopes that you will help me with
a personal problem I'm having with a Saudi Muslim
brother. This brother married me a year ago, & left me
after 2 months of marriage... He has not divorced me
properly. I did receive a call from an unknown person
telling me a message from my husband, saying that he
has divorced me... That's all!!
When we got married, it was a conventional marriage,
there were two witnesses and to my knowledge, it was
Islamic, however, not documented in with the City hall
or any governmental facility. Mohammed wanted to keep
our marriage a secret until he returned from a visit
with his family in Saudi. I was not allowed to tell my
family, friends, nor was the community here, to know.
Being new to Islam, I trusted him and believed that
when he came back he would make everything ok.
I live in the US…
Praise be to Allaah.
It is not permissible in Islam to marry without a
guardian (wali). See Question#2127.
If you got married without a guardian or someone
acting in place of a guardian, then the marriage is
not valid, and consequently you do not need a divorce.
We are shocked by the actions of this person who paid
no attention to sharee'ah or to what your situation
would be when he left you, and who left without making
the situation clear. Allaah is sufficient for him and
He is Swift in taking account.
It is regrettable indeed for a new Muslim to find an
older Muslim who is not fit to be an example, and then
have the shock of realizing that this person does not
follow the rulings of sharee'ah governing the sacred
marriage bond. You have to repent from what has
happened, i.e., having a relationship without a proper
marriage. Perhaps this incident will make you more
keen to learn about sharee'ah and the rulings of
Islam. We ask Allaah to make you steadfast in Islam
and help you to understand it properly. May He bestow
more of His bounty upon you and bless you with a
righteous Muslim husband. Allaah is the One Whom we
ask for help.
Sheikh Muhammed Salih Al-Munajjid
Her father stipulated that he should
divorce her when the time comes for her to leave the
I have a friend who married a woman who is
living in Riyadh with her family, without any
documentation of the marriage and without the presence
of a Shaykh. There were only three friends of the
groom, one of whom appointed himself as a Shaykh and
the other two as witnesses in the presence of the
bride's father. The marriage was done without even
writing down any contract. This bride will leave the
country after a year and a half, and will go back to
her own country for good. The groom will divorce his
bride at that time. The bride's father stipulated that
the marriage will only last so long as they are in
Riyadh, and when they leave, the groom will divorce
Question 1: What is the ruling on this marriage?
Question 2: What is your opinion on what the friends
of the groom did?.
Praise be to Allaah.
If the marriage is temporary and the specific time
limit is mentioned, such as a month or one year, or
until the end of one's studies or residency, etc.,
then this is a mut'ah marriage and it is haraam and
invalid according to the majority of scholars. It is
narrated that there was consensus that it is haraam.
Ibn Qudaamah (may Allaah have mercy on him) said in
"Mut'ah marriage is not permitted" – what is meant by
mut'ah marriage is marrying a woman for a period of
time, such as saying: I give my daughter in marriage
for a month, or a year, or until the end of this
season, or until the pilgrims come back" and so on,
whether the period is known or unknown. This is an
invalid marriage. This was stated by Ahmad who said:
Mut'ah marriage is haraam. This is the view of most of
the Sahaabah and fuqaha'. Among those from whom it was
narrated that it is haraam are ‘Umar, ‘Ali, Ibn ‘Umar,
Ibn Mas'ood and Ibn al-Zubayr. Ibn ‘Abd al-Barr said:
The view that mut'ah is haraam is held by Maalik, the
people of Madeenah, Abu Haneefah among the people of
Iraq, al-Awzaa'i among the people of Syria, al-Layth
among the people of Egypt, al-Shaafa'i and all the
ashaab al-athaar. End quote.
It is not permissible for anyone to undertake this
haraam kind of marriage, or to bear witness to it.
The one who has done that must repent to Allaah and
the man and woman must be separated.
There are other kinds of mut'ah marriage which is
where a man marries a woman on condition that he will
divorce her at a certain time.
The difference between the two forms is that in the
first kind, it is agreed that the marriage will last
for a certain period of time, after which the marriage
will end with no need for talaaq divorce.
In the second kind, no specific time period is
mentioned, but it is stipulated that talaaq divorce
will be issued at a certain time.
Ibn Qudaamah (may Allaah have mercy on him) said in
"If he marries her on the basis that he will divorce
her at a specific time, the nikaah is not valid." This
means that if he marries her on the basis that he will
divorce her at a certain time, the marriage is not
valid, whether that time is known or unknown, such as
if he stipulates that he will divorce her when her
father or brother comes.
Because this condition negates the continuation of the
marriage, and makes it like a mut'ah marriage. End
The Standing Committee was asked about a man who was
travelling far from his homeland and wanted to marry a
woman, and they agreed that he would divorce her when
he went back to his homeland. They replied:
Marriage until the husband travels is not permissible,
because it is a kind of mut'ah marriage, because of
specifying that the marriage will last until the
husband travels. End quote.
Fataawa al-Lajnah al-Daa'imah (18/444).
If the conditions and pillars of the marriage are met,
with the proposal and acceptance, the consent of both
parties, the presence of the bride's wali (guardian)
and two witnesses, then it is valid, even if it is
without documentation. But documentation is important
in order to protect the rights of both spouses and
their children. It does not matter if no official or
judge is present, or if one of the friends carried out
the marriage procedure.
For more information on the pillars and conditions of
the marriage contract, please see question no. 2127.
But the marriage contract that is done in the manner
asked about here is haraam and is not valid, as stated
above. The one who carried out the procedure and the
witnesses have to repent to Allaah from this haraam
And Allaah knows best.