Few years back, i used to talk to a boy.
On text messages, one day he asked me “do you accept nikah with _____ (his name or nick name) ?
I said yes, three times.
Then I asked him. He said Yes, three times.
But I did this under the influence that Nikah is not valid like doing this.
In my home, i did not told anyone, but just discussed it with my friend.
I don’t remember that did I said it audibly, or not.
There was no witnesses on my side who knew that such thing is happening. However, people were present in the room (as far as i remember) but they did not know about what matter I was talking on text message?
I don’t know whether the boy told it to anyone or were there any witness or not. However, I asked him , he said no there were no witness. But due to wehem and waswasa i don’t believe him. In short, i don’t know were there any witnesses or not.
I dont know the boy said audibly or inaudibly.
I don’t know that did the boy discussed it with anyone or not? If yes so will it make nikah valid?
If the boy shows those messages to anyone , does the nikah counts valid?
As data is saved by government officials, so our chat through message is saved , so does the government officials or if anyone sees the chat makes the nikah valid?
I dont remember what name did he took(nick or real) and also dont remember did i took any name or not, so does it makes any imapct on nikah?
Also advise me how can i know that were there any witness on boy’s side or not?
I no longer talk to the boy.
I told this situation to my sister, she says the nikah is invalid, but please i request you to answer me , i had realised that I had comitted a huge mistake. Please tell me , is this nikah valid in this situation.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
At the outset we wish to point out that it is impermissible to speak to non-mahram males. You should make tawbah and istighfaar for speaking to the boy and never repeat such an act in future.
A nikah through a text message will only be valid if the man or woman sends a proposal and the other reads the message audibly and accepts it audibly in the presence of at least two male witnesses or one male witness and two female witnesses. If the message was not read audibly or the acceptance was not audible, the nikah will be invalid. Likewise, the nikah will be invalid in the absence of witnesses during the acceptance.[1]
Based on the details given in the query, the nikah is invalid.
And Allah Ta’āla Knows Best
Fahad Abdul Wahab
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai
[1] وصورته أن يكتب إليها يخطبها فإذا بلغها الكتاب أحضرت الشهود وقرأته عليهم وقالت زوجت نفسي منه أو تقول إن فلانا كتب إلي يخطبني فاشهدوا أني زوجت نفسي منه. أما لو لم تقل بحجرتهم سوى زوجت نفسي من فلان لا ينعقد لأن سماع الشطرين شرط صحة النكاح، وبإسماعهم الكتاب أو التعبير عنه منها قد سمعوا الشطرين بخلاف ما إذا انتفيا
[رد المحتار ج٣ ص١٢ ايج ايم سعيد]
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