Kataab Nikah (Marriage)
Baab
Fatwa: 6
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Date: Wednesday, November 30, 2011 |
Question
Is it possible to conduct the nikaah over the phone? Is yes, what will the procedure of carrying out the nikaah be?
Jazakallah
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
It is not possible to conduct a nikah over the telephone, as it does not fulfil the shar’i requirements of a nikah. The Ieejab (offer) and qabool (acceptance) of nikah must be pronounced before two witnesses in one gathering. In the case of a nikah conducted over the phone, the above requirement is not found. Hence, such a nikah is invalid.
As an alternative, if a person intends to conduct his nikah but is unable to present himself in person, he may appoint a wakeel (representative) to pronounce the Ieejab/Qabool and accept the girl into his marriage on his behalf.
For example, if ‘A’ intends to marry ‘B’ who lives in the U.S. ‘A’ must appoint C who also lives in the U.S as his wakeel to pronounce the Ieejab/Qabool on his behalf in the nikah ceremony before two witnesses. In this way, he may conduct a valid nikah.
(Fatawa Hindiyyah,vol 2, pg 1)
Fatawa Mahmudiyyah, vol 10, pg 680, Faruqiyya)
(Khairul Fatawa, vol 4, pg 369, Imdadiyyah)
(Fatawa Uthmani, vol 2, pg 304-305, Maktaba Ma’ariful Quraan)
ومنها أن يكون الإيجاب والقبول في مجلس واحد حتى لو اختلف المجلس بأن كانا حاضرين فأوجب أحدهما فقام الآخر عن المجلس قبل القبول أو اشتغل بعمل يوجب اختلاف المجلس لا ينعقد
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
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