I wish to marry a pious woman who resides in a different country. I wish to have the nikaah performed over here (in my country) and then travelling to her country to bring her over. This is in order to resolve issues such as her having to travel alone (which is not allowed since over 48 miles) and my parents/family not being able to participate. Is it permissible for the nikaah to be conducted in the absence of any guardian (walee) on her behalf (for she has none) and simply with her written consent (sent, for example, by post)?
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