Is Nikkah on phone valid?
Mu` meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah`s Peace, Mercy and Blessings be upon all of you)
One of our
brothers/sisters has asked this question:
hi brother ,
i have a
question , if a person is willing to
get married, and the woman he wants
to get married , is not in that country so can those two people
get married i.e CAN A MULA ADVICE THEN TO
DO NIKKAH ON PHONE , IS THIS POSSIBLE
, PLEASE LET ME ABOUT , THIS
IF ISLAM AGREES , UPON SUCH
A THING , THEY NIKKAH IS THROUGH HTE
PHONE DUE TO CERTAIN REASONS .
YR BROTHER
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grammatical and spelling errors in the above statement. The forum does not
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readers for circulation in confidentiality.)
Answer:
Is nikkah on the phone valid
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none
can misguide, and whoever He allows to fall astray, none can guide them aright.
We bear witness that there is no one (no idol,
no person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad(saws) is His
slave-servant and the seal of His Messengers.
The
better and purer way to get married to the woman who lives in another country
and cannot personally attend the Nikaah ceremony for any reason, would be if the woman would appoint a
‘wakeel’ or give the authority to someone to marry them.
One of the main conditions of
Islamic Nikaah is the offer from the groom,
and the acceptance from the bride or her appointed ‘wakeel’; and the two witnesses to this contract. If the witnesses are such that they are
able to recognize and identify the voice of the woman over the phone, and confirm that the woman is indeed the
same whom the man has offered to marry;
there is absolutely no harm if the marriage is done through the
telephone. The only reason one has to
be extremely careful is, if, at a later date the groom finds out that the
woman who accepted the proposal on the phone was not the woman whom he intended
to marry, and that could result in a
big mess!
But if one does perform the
Nikaah offer and acceptance through the telephone, it would be deemed a perfectly legal marriage in the sight of
Islam and Shariah.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me. Allah Alone Knows
Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan