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(Book 28, Hadith 26) #36186
Disapproval of Secret Marriages

SUMMARY: Umar disapproved of secret marriages and said that if he had been the first to come upon it, he would have ordered them to be stoned.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ أَبِي الزُّبَيْرِ الْمَكِّيِّ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، أُتِيَ بِنِكَاحٍ لَمْ يَشْهَدْ عَلَيْهِ إِلاَّ رَجُلٌ وَامْرَأَةٌ فَقَالَ هَذَا نِكَاحُ السِّرِّ وَلاَ أُجِيزُهُ وَلَوْ كُنْتُ تَقَدَّمْتُ فِيهِ لَرَجَمْتُ

TOPICS
marriage  *  witness  *  stoning

QUICK LESSONS:
Follow Islamic law regarding marriage; Be just and fair; Validate marriages with witnesses present; Respect marriage as an institution in Islam
EXPLANATIONS:
This hadith is about the disapproval of secret marriages. Umar was a companion of Prophet Muhammad and one of the four rightly guided caliphs who ruled after him. In this hadith, Umar is presented as an example for us in how we should respond when we come across a situation where two people are married without witnesses present. He said that if he were the first person to come across such a situation then he would order them to be stoned. This shows us how seriously Islam takes marriage and how important it is for there to be witnesses present when two people get married so that their marriage can be validated by others in society. It also teaches us about justice and fairness - even though Umar was not personally affected by this situation, his response was still based on what was right according to Islamic law rather than personal opinion or bias.

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