Assalam O Alaikum,
I wanted to ask a question regarding my nikkah. Is it possible to marry a girl who is overseas and I can not go for my nikkah. She has her parents and all the witness there and my parents and my witness there as well as witness for the nikkah. Can I have my nikkah on the phone or video call on internet? Is it permissible?
JazakAllah Khair!
Kamran
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is possible for two people to marry one another whilst they are in two different countries. However the method used to do this should be in total conformity to the proper procedures of conducting such a marriage. If the bride and groom make an offer and acceptance directly to one another over the phone or a video call then the marriage will not be valid.
The proper procedure would be that one of the two parties select an individual to be their representative in the physical location of the other party.
For example A lives in New York whilst B lives in Shanghai, now in order for A to marry B he (A) will have to select someone who would be his representative in the physical location (in this case Shanghai) of B. Now the representative of A will make an offer in the presence of two witnesses to party B in Shanghai. Once party B accepts, the Nikah will be contracted. Party A can listen to this over the phone and the Nikah will be valid. Even if party A does not listen to this over the phone the Nikah will still be valid.
However if party A directly proposes to party B whilst both are in their respective countries in the presence of witnesses the Nikah will not be valid. This ruling is equally applicable to video calls and the Nikah will not be valid.[1]
Arranging a nikah by letter:
A sends a letter to Shanghai appointing C (who is in Shanghai) to be his representative. A makes two people (X and Y) his witnesses at the time of writing the letter. C will propose in the presence of two witnesses and party B will accept the proposal.
An example of a letter wherein proxy takes place:
I party A, appoint C as my representative to marry me to B of Shanghai, in the presence of two witnesses, namely X and Y.
All three (A, X and Y) will sign the document.
The girl’s party can be represented by the father of the girl or anyone who is her Guardian according to the Islamic laws of Guardianship.
And Allah Ta’āla Knows Best
Mawlana Ali bin Cassim,
Student Darul Iftaa
Los Angeles, U.S.A
Checked and Approved by,
Mufti Ebrahim Desai.
[1] Contemporary Fatawa p.132