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Nikah on Telephone

Answered as per Hanafi Fiqh by Albalagh.net

Nikah on Telephone

By Mufti Ebrahim Desai

Q.) I am just wondering about the Shari’ah rulings on Nikah. What are the conditions if we do it on the telephone? Is it permissible in Islam or not? If it is, then would you please email me the details about the conditions and so on. The male is in Canada, while the female is in Pakistan. [Anwar Ahsan]

A.) Nikah over the telephone is not permissible because both the boy and girl are in different places and the witnesses need to be present at the actual place of the Nikah.

A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the female or male in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).

It is Sunnat that the marriage be announced and performed in the Masjid and the bride is represented by her Mahram (father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or decendants e.g. son, grandson, etc.

The Mahr (dowry) is the woman’s right and should be stipulated prior to the marriage.

And Allah Ta’ala Knows Best

This answer was collected from Albalagh.net, which is an Islamic site with Q&A and articles authored by many world renowned scholars from the Muslim world. Many of Mufti Taqi Uthmani’s fatawa in English are found exclusively on this site.

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