Short answer
It depends on the conditions. In the Hanafi school a nikah with ijab and qabul before two Muslim witnesses is valid even if kept quiet, but hiding it is makruh and causes real harm. If there were no witnesses, or a woman married a non-kufu man without her wali, it is not valid. The Maliki school voids a nikah the parties agree to keep secret.
A nikah done with offer, acceptance and two valid witnesses is legally valid even if the couple keep it from others, but this is makruh: announcing the nikah is sunnah. A "nikah" without witnesses is void, and the wali and kafa'ah rules still apply.
Other madhhabs
- Maliki
- Nikah al-sirr, where the husband asks the witnesses to keep it secret, is invalid and must be dissolved, before or after consummation.
- Shafi'i
- Without a wali the nikah is void, so most secret marriages done without the woman's family are not valid.
- Hanbali
- Without a wali the nikah is void. Keeping a valid nikah secret is disliked.
Explanation
People ask about secret nikah in a few different situations, and the answer is not the same for each:
- Two people say the words alone, or on a call, with no witnesses. This is not a nikah in any school, and living as husband and wife on that basis is not lawful.
- A couple marry with two friends as witnesses and hide it from the woman's family. For Hanafis it can be valid if the man is her kufu, but if he is not her equal and her wali did not consent, the fatwa is that it is not valid. In the other schools it fails for lack of a wali. See marrying without a wali.
- A married man marries a second wife quietly. The nikah may be valid, but hiding it often leads to injustice, broken trust and a wife with no legal protection.
Even when it is valid, a secret marriage is makruh. The Prophet ﷺ made announcing the marriage the mark of what is lawful. Secrecy also puts the wife at risk: she may have no proof of her mahr, maintenance or inheritance, and children may face questions about their lineage. Civil registration and telling family protect everyone.
If you already did a nikah in secret, do not panic and do not ignore it. Write down who the witnesses were and what was said, and ask a mufti whether it was valid. He may advise renewing the nikah properly with the wali present.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:25
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ ۚ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم ۚ بَعْضُكُم مِّنۢ بَعْضٍۢ ۚ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍۢ وَلَا مُتَّخِذَٰتِ أَخْدَانٍۢ ۚ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍۢ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ ۚ وَأَن تَصْبِرُوا۟ خَيْرٌۭ لَّكُمْ ۗ وَٱللَّهُ غَفُورٌۭ رَّحِيمٌۭ ﴿٢٥﴾
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful.
Islam separates marriage from hidden relationships.
Quran, Surah Al-Maaida 5:5
ٱلْيَوْمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُ ۖ وَطَعَامُ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حِلٌّۭ لَّكُمْ وَطَعَامُكُمْ حِلٌّۭ لَّهُمْ ۖ وَٱلْمُحْصَنَٰتُ مِنَ ٱلْمُؤْمِنَٰتِ وَٱلْمُحْصَنَٰتُ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخْدَانٍۢ ۗ وَمَن يَكْفُرْ بِٱلْإِيمَٰنِ فَقَدْ حَبِطَ عَمَلُهُۥ وَهُوَ فِى ٱلْءَاخِرَةِ مِنَ ٱلْخَٰسِرِينَ ﴿٥﴾
This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith - his work has become worthless, and he, in the Hereafter, will be among the losers.
Lawful marriage is open and chaste, not secret.
Sunan an-Nasa'i 3369
Graded hasan... فصل ما بين الحلال والحرام الدف والصوت ...
"What separates the lawful from the unlawful is the daff and the voice."
Announcing the nikah is what marks it as lawful.
Sunan Abi Dawud 2085
Graded sahih... لا نكاح إلا بولي ...
"There is no nikah except with a wali."
The other schools' reason for voiding a marriage done without the woman's family.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, opening chapter. A nikah with two witnesses is concluded; announcement is recommended.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Nikah, on announcing the nikah. Announcing the nikah is mustahabb and secrecy is disliked.
- Mukhtasar Khalil with al-Sharh al-Kabir, Bab al-Nikah, on nikah al-sirr. A marriage the witnesses are asked to hide is dissolved.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.