Is marriage acceptable without the presence of a third party witness?

Question

Recently I heard from one of my brother who said that if a man and a woman tells themselves they are husband and wife by promising to Allah, then they are counted as husband wife from that day on.

Now my question is it true from the view of shariyah?

Answer 1

Yes, it's acceptable in the shiite school. Presence of a witness is not a requirement, if all other requirement are fulfilled (permission from parents in case of a virgin girl, deciding the mahr, time period in case of Mut'ah etc) then they can pronounce the nikah between themselves without the need of a witness.

That said, there are strict rules regarding the saying of the marriage formula. It's preferred that it be clearly said in Arabic, if not possible then an exact translation of it in another language could also be used.

Answer 2

No this is absolutely not true. Marriages in secret are discouraged, and witnesses should be there in order to ensure that the rights of all parties are protected:

The Prophet (saws) said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said, "If a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid." (Al-Bukhari 9:98)

Also, marriages are a public affair - they should be announced and celebrated:

The Prophet seeing a yellow mark (of perfume) on the clothes of 'Abdur-Rahman bin 'Auf, said, "What about you?" ' Abdur-Rahman replied, "I have married a woman with a Mahr of gold equal to a date-stone." The Prophet (saws) said, "May Allah bestow His Blessing on you (in your marriage). Give a wedding banquet, (Walima) even with one sheep." (Al-Bukhari 8:395)

These are the requirements:

1. An agreement between the bride and groom to marry.
2. Two sane witnesses
3. A marriage gift to be paid by the groom to the bride either immediately, or deferred.
4. A legal marriage contract.
5. A guardian to represent the bride.
6. Someone to officiate the marriage (usually the imam of a mosque, but any religious, pious person can do this).
7. Walima (but this is post marriage, and can be held at any time).

And Allah Knows Best.