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Fatwa CenterDiscarding marriage certificate does not affect validity of marriage
Question
Assalaamu alaykum. May Allah bless you. My husband and I divorced in secret; documents were signed, but his family was not involved. A few days ago he started becoming harsh towards me because someone in his circles got to know about this. Now he constantly asks me to discard the marriage certificate so that I cannot go to his family in any circumstance. I want to know whether tearing up the marriage certificate affects my marriage with him? I will wait for the answer.
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.
There are certain conditions that make a marriage contract valid under the Shariah, as we have previously underlined in Fatwa 83629. Among the most important of these conditions are the bride's Wali (legal guardian) and witnesses. If these conditions were met in your marriage but it was not announced, then the marriage is valid and it does not fall into the category of the secret marriage that is forbidden in the Shariah. This is one possibility; there are two other possibilities:
First, the marriage contract was conducted without the bride's Wali but with the presence of the witnesses. This marriage is defective (Faasid) according to the majority of the scholars, contrary to Abu Haneefah, who held that it is valid. The opinion adopted at Islamweb is that held by the majority of the scholars.
Second, the marriage contract was conducted without the bride's Wali and the witnesses. This marriage is defective according to the four schools of Fiqh, and that is the preponderant opinion. Daawood Ath-Thaahiri held that it is valid. The view of the majority of the scholars is the most likely correct opinion in this regard as well.
According to the two last possibilities, you must be separated either by the annulment of the marriage or that your husband divorces you. If you wish to stay together, you must renew the marriage contract properly; otherwise, you should go your separate ways and hope that Allah, the Exalted, would compensate each of you with what is best for them.
We would like to highlight the following points:
Firstly, the written marriage certificate has no effect on the validity of the marriage. If the marriage meets the conditions of validity and you discard the certificate, this does not invalidate the marriage. However, the existence of a certificate helps guarantee the rights of both spouses.
Secondly, a Muslim is enjoined to ask about the religious matters he needs to know before taking any action. Allah, the Exalted, says (what means): {So ask the people of the message if you do not know.} [Quran 16:43]
Thirdly, the Islamic Shariah enjoins the Muslim husband to treat his wife kindly and honor her companionship. Allah, the Exalted, says (what means): {...and live with them in kindness...} [Quran 4:19]
Allah knows best.
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