What is the Islamic ruling on conducting an unofficiated secret marriage without the presence of witnesses? A couple entered into marriage through offer and acceptance without any witnesses present and kept their marriage, which was consummated, a secret out of concern that their families would find out. Is this marriage valid in Islamic law?

Entering into a marriage solely through a verbal exchange of offer and acceptance without anyone’s knowledge or the presence of witnesses because they are afraid their families would find out about it contravenes the sublime goals and objectives that marriage seeks to uphold. These include the establishment of peace, mercy, and affection between the spouses. Such a marriage raises significant religious concerns, as it contravenes Islamic legal texts that necessitate the presence of witnesses and the public announcement of the union. Moreover, it jeopardizes their honor by failing to safeguard against the spread of gossip, rumors, and accusations of sexual impropriety.

Additionally, this type of marriage results in the forfeiture of rights, the denial of lineage, and the potential for manipulation, fraud, and repudiation of the union. In light of this, such a marriage is considered prohibited and invalid under Islamic law and classified as a secret marriage (nikah al-sirr). Scholars of Islamic jurisprudence have unanimously agreed that this type of marriage is null and void, thereby necessitating the separation of the couple.

Invalidity of unofficiated secret without presence of witnesses
The validity of contracts in Islamic law is predicated on the presence of essential integrals, conditions, and the absence of prohibited factors. Therefore, a marriage contract must fulfill these criteria to be deemed valid, effective, and binding.
Consequently, when a marriage is conducted without witnesses or public announcement, and there is a mutual agreement to maintain its confidentiality for whatever reason, as mentioned in the question, it is called a "secret marriage.” According to scholars, both past and present, such a contract is deemed invalid in Islamic law as it falls within the ambit of sexual immorality which is prohibited.
Prophet Muhammad (peace and blessings be upon him) said, "There is no valid marriage except with the presence of a guardian and two upright witnesses. Any marriage conducted without this is deemed invalid" (Imams Ibn Hibban in his Sahih and al-Bayhaqi in his Sunan). In another instance, Umar Ibn al-Khattab (may Allah be pleased with him) disapproved of a marriage which was witnessed by only one man and woman, labelling it a "secret marriage" and said, "I do not regard this [marriage] permissible."

Muslim scholars unequivocally maintain the invalidity of secret marriages

- Imam Nawawi said in his commentary on the Sahih of Imam Muslim. "The entire Ummah unanimously agreed that a secret marriage without witnesses is invalid."

- Ibn Taymiyyah wrote in his Al-Fatawa al-Kubra, “… a secret marriage, conducted without the presence of witnesses and with a mutual agreement to maintain its confidentiality, is invalid according to all scholars and is analogous to fornication.”

Contravening the objectives of Islamic law
Secret marriages contradict the universal objectives and rulings of Islamic law. These include:
-Disruption of tranquility:
Allah Almighty says:
"And among His signs is that He created for you spouses from among yourselves so that you may find tranquility in them, and He placed between you affection and mercy" (Quran, 30: 21).

-A religious and ethical obligation:
Prophet Muhammad (peace and blessings be upon him) said, "Announce this marriage, hold it in the mosque, and beat drums for it" (Al-Tirmidhi, Ibn Majah, and Al-Bayhaqi). This hadith underscores the necessity of publicizing marriages to distinguish them from unlawful relationships. The absence of witnesses or the failure to publicize a marriage exposes the spouses to suspicion of sexual immorality. Prophet Muhammad (peace and blessings be upon him) also said, "The lawful is clear, the unlawful is clear, and between them are matters that are unclear and unknown to others. Whoever avoids ambiguous matters safeguards his faith and honor" (Muslim).

The halal is clear and the haram is clear, and between them are matters unclear that
The ruling

Based on the above, a marriage conducted without the presence of witnesses and public announcement, as described in the question, contradicts the fundamental principles of marriage in Islam; it is prohibited and invalid. The couple must separate because the contract is considered null and void.

And Allah the Almighty knows best.