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Please Clearly Indicate if Nikah Will be Valid if I Use LIVE VIDEO on Internet

Answered according to Hanafi Fiqh by Askimam.org

Asslam O Alaikum, I am in America staying for higher education. Currently there are visa issues on Muslim Males, the probability is that if I go back to Pakistan for marriage and apply for visa, I will not be able to come back because there will be a long waiting time to stamp the visa on passport and I fear that I will not be able to complete my education. I am 30 years old and my fiancée is in Pakistan. Is it possible that we use camera on internet for Nikah. What I mean is that both groom and bride groom’s family can see each other LIVE during the Nikah agreeing to get married. The Ijab will be performed in the presence of two Wakeels and parents at both sides using live images through camera and transmitting it on internet LIVE so that no one will have any doubt. If it is against Shariah then what could be a possible way for Nikah if the bride and bride groom cannot be at one place. There is a similar question at your website but from the answer it is not clear to from your response if the live video broadcasting is allowed or not for Nikah ceremony. Please advice Jazak Allah wa Khair Syed

Answer

In principle, if a person wishes to marry a person at a distant place and both parties or their representatives cannot be at the same venue, then Nikah may be performed by proxy.

It is not permissible to do the procession through the internet Camera.

A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female 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 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 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.

The procedure of marriage via the internet is same as marriage by proxy where one of the partners (boy or girl) propose to marry the other. It is advisable that the proposal be written in front of two persons. However, this is not a precondition. (Shaami vol.3 pg.12; HM Saeed)

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. The presence of these two witnesses is a pre-condition. 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

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

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