Q.1 I would like to know what is the procedure of taking ijaazat( permission) of the girl. For example… the bride is in UK and the groom is in Zambia. When taking ijaazat of the girl by telephone what procedure should be followed? Is it necessary for the two witnesses (shahid) to be present when ijaazat is taken by the wakil by telephone? Q.2 When both the bride and groom are present in the same place, when taking ijaazat of the bride should both the witnesses of the groom be present? Q.3 If the groom witnesses are not present when taking ijaazat( only the wakil from the brides side takes the ijaazat) but they are present during the nikaah ceremony in the musjid, is the nikaah valid? Q.4 If the groom’s witnesses who are ghair mehram to the bride, are they allowed to be present when taking ijaazat?
We are not aware of any Fatwa relating to the validity of a marriage over the telephone. However, marriage by proxy is permissible.
The procedure of marriage by proxy where one of the partners (boy or girl) propose to marry the other. The proposal be written in the presence of two witnesses.
The two witnesses should also sign the document be sent to the other party, for example, in a foreign land and accept the written proposal in the presence of two witnesses. It is important to exercise extreme precaution by verifying the proposal and its witnessing to avoid any possibility of fraud and deception.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.