Question
Reference number: 216538 | Family and Marriage Issues | July 26, 2026
What is the Islamic ruling on an ‘urfi marriage (an unregistered customary marriage) without the family’s knowledge?
Answer
All praise is due to Allah, and may peace and blessings be upon the Messenger of Allah, his family, his companions, and those who follow him. To proceed:
The presence of a guardian (wali) is one of the conditions for a valid marriage according to the majority of jurists, namely the Maliki, Shafi‘i, and Hanbali schools of Islamic jurisprudence, in compliance with the Prophet’s (peace and blessings be upon him) saying: “There is no marriage without a guardian.” Accordingly, a woman’s marriage without a guardian is invalid.
Abu Hanifa, however, held a different opinion, which was adopted by the Personal Status Law in force in the West Bank.
It would have been preferable for the questioner to announce the marriage and register it with the Sharia court, in order to protect herself from gossip, accusations, and suspicion, and to safeguard her rights and those of any children she might have, if applicable. She could have referred her case to the judge instead of marrying without her family’s knowledge, allowing the judge to assume responsibility for her marriage.
