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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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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


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