IslamQA.org Logo

Long Distance Nikaah. A friend of mine wants to get married with a girl but she lives far away.

Answered according to Hanafi Fiqh by Askimam.org

What are the rulings on a long distance Nikaah? A friend of mine wants to get a nikaah with a girl but she lives far away and his parents are against the whole idea of it. And since he doesn’t need parental approval, he wanted to know how he should go about a long distance Nikaah. Jazakallah Khair and Salaam!

Answer

A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past and/or present tense
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 be 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 who must be
trustworthy and pious male Muslims. They should not be from among the girls
ascendants e.g. father, etc. nor from her descendants, e.g. son, etc.
Having said that, if the sister (attained puberty) wishes to represent
herself at the time and place of Nikah, then she may do so without a Wakeel.
This is according to the Hanafi Madhab – according to Shaaf’ee permission is
incumbent.

A marriage without the two witnesses is not valid. the relationship will be
illegal and Haraam.

If the above mentioned procedure was carried out, then the Nikah is valid.

Marriage by Proxy (for parties at a distant place)
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.

Original Source Link

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

Find more answers indexed from: Askimam.org
Read more answers with similar topics:
Search
Related QA

Pin It on Pinterest