Wants to employ a maid and marry her secretly

14-8-2006 | IslamWeb

Question:

Assalaamu'alaykum! Somebody asked me to employ a female muslim maid from my country and he explained to me that this muslimah he will marry before she come to abroad and he will give her dowry, right salary, education after she finish the two years contract to finish her studies., rental room for her so that he can sleep with her during her day-off. The employer is around 50 years old and he doesn't want to commit a fitna from his own eyes that's why he want to marry her housemaid to avoid the fitna. But, he doesn't want also to inform his wife that the housemaid is his wife, because here in arabian peninsula their government did not allow them to marry a foreigner specially he is working in military so he will keep hidden. Is this right and after that if anything happened if her wife knows that he has second wife and foreigner then she will make trouble for her and she will not get any benefits from her husband. Please advise us what to do because I have a sister of my wife she is young and she wants to work in abroad and she want also to marry an Arab muslim. My question # 1). Is it allowed hidden marriage in Islam? 2). Is it allowed for me as her Mahram? Jazak Allahu Khair... Abu Imran

Answer:

All Perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as that of his family and all his companions.

 

If the reality is (as you mentioned) that the man wants to conceal his marriage and does not want to make it public, then we advise the questioner to keep away from this matter and not to help this man. Muslim jurists called this type of marriage “secret marriage” and they disagreed in its validity. Some are of the opinion that it is valid provided it meets all the conditions of an Islamicly valid marriage; most important of which is the presence (or consent) of the guardian of the bride. See the details in Fatwa 81385.

Although some ruled it as valid, yet, according to them, it is not desirable. On the other hand, other jurists are of the opinion that it is totally void, especially if both parties agree on its secrecy.

Therefore, you see that this marriage is a matter of disagreement among jurists and at least it is undesirable according to those who permitted it. The reason for it being undesirable is that it contradicts to the order of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) of announcing the marriage. Additionally, there are many other disadvantages, like the lose of rights (of the wife) that may result from such a marriage. You are not obliged Islamicly to help this person, so you should keep away from him.

Moreover, the wife's sister is not Mahram (i.e. a spouse or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) for you as we mentioned in previous Fatwa 84623 and also please refer to Fatwa 84143 to know the definition of a Mahram.

Allaah Knows best.

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