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Is the authorization on E-mail sufficient for a valid nikah, and does the nikah fulfill the mandatory condition of one man and two women?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Zaid is employed outside India, due to some circumstances he wants to marry but cannot go to India. On E-mail he authorized girl’s brother to make nikah. The girl’s brother in the presence of girl’s mother and his wife asked his sister that whether she accepts Zaid’s proposal of nikah, the girl replied yes. Now please oblige by clarifying the following: (1) The authorization on E-mail is sufficient or it should be confirmed on phone or it should be in written? (2) If the way of authorization is right then the way nikah is done is valid or not? As it fulfils the mandatory condition of one man and two women? Please favour by earliest reply.

Answer

(Fatwa: 1543/B=314/TB=1432)

Neither the voice is recognized by email that who is making wakil to whom nor the signature is known. Hence it is not right to make someone wakil for one’s nikah or transfer the power by email. Yes, one can make some particular person wakil by phone or writing. For example the girl allows her nikah by writing or phone and makes someone wakil that her nikah may be done with so and so person. And if the nikah was performed in the presence of two witnesses as per Shariah then nikah shall be valid. But, such nikah sometimes creates problem; hence one should avoid doing nikah by phone.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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