Title: Keeping the Nikah Secret for a Period of Time Question/Comments: Is it permissible to have secret nikah, where it is only secret to the woman's parents? i.e. going to the "hakim", her brother is there to be her guardian and there are 2 witnesses? As the pair fear of performing fornication? however this is done due to special circumstances where the woman's parents would not wish for their daughter to marry before she finish her higher education (colledge/university) she is 21 now. After her graduation (in 4 years time) the man wishes to go to her parents and "ask for her hand in marriage" in order to not have it as a secret towards them anymore. Anonymous Australia Answer: According to the Islamic Shari'ah a marriage contract must fulfill two basic conditions to make it effective i.e. free consent of both the partners and an open declaration of this contract in the society. Both the conditions have to be fulfilled. The import of the first does not need any explanation and is being fulfilled in the present case. The second however, in the marriage contract you have mentioned, is being ignored. I am afraid this condition cannot be abandoned, as it is essential for the proper functioning of the institution of marriage in the society. It is not the two witnesses and a Wali whose presence renders the living of the two persons together in the society, rather it is the backing and support of the society and the relatives which makes such agreement workable and guarantees its proper functioning. A marriage is not merely a contract to live life together openly or establishing sexual relationship stealthily, rather it is a commitment of undertaking mutual responsibilities by both individuals. This contract entitles the two persons to certain rights and privileges and charges certain obligations upon them. It guarantees solutions to many probable mishaps and complications, which may arise in the future. If such an agreement is done without the sanction of the society that would mean that if any undesired situation arises like either partner goes back on their vows or if, when the time comes, the man is not willing to take the responsibility of any potential children then there would be no one to question him. The woman will be left totally helpless to cope with the situation. She will not be able to win the sympathy of the society and favor from her relatives. The importance of education for the girl before starting her practical life cannot be denied, nor can one ignore sexual desires in individuals.  Yet, these factors do not render it inevitable for boy and the girl to use the institution of marriage to legalize a sexual interaction.  That is not the sole purpose of the marriage contract. The Shari`ah has not imposed these conditions to hinder its followers, rather they are meant solely to protect them and the institution of family from any potential harm. If the couple feels compelled to be with each other, a more realistic thing to do under the circumstances would be to talk to their parents about the situation and to try to convince them about getting them married without delay. If these efforts do not succeed, then as a last resort they may even consider to carryout the Nikah as mentioned in your letter and then immediately after that, bring the Nikah to the notice and information of their parents, so that it is no longer kept a secret from the society. Please bear in mind that it is far easier to face the temporary anger and disapproval of your parents than to take an action which may become a cause for a permanent disrepute of the individuals, in general, and the lady, in particular [1] . Regards Tariq Mahmood Hashmi April 21, 2003 [1] Edited by Moiz Amjad.