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Nikah by text message

Answered as per Hanafi Fiqh by Askimam.org

 I used to talk to a boy but realized afterwards that I should’nt. However, i am very depressed now. I strongly repent and is in the state of regretment. We unintentionally (in fun) said each other on text messages that do you accept nikah and agreed, but there was no witnesses. I asked you is this nikah valid, you replied no it is not.

Also we used to consider each other as husband and wife so I now think if I would have said that i am marrying you and stuff like that and if he accepted and if this conversation was seen by anyone or overseen( seen by someone secretely) or anything else which can be witness so will it link to nikah and make nikah valid? Actually I dont know whether it has been seen by any two persons or not. 

In the above two cases I don’t know whether the offer and acceptance was audible or not.
Now i due to wehem is thinking if the nikah was valid so ? I have been in stress from few  months. I dont talk to that boy. I want to marry according to my parents’ wish, but I think that due to the above mentioned nikah cases, marrying the guy of my parents choice won’t be halal as nikah over a nikah can’t be done. 

 Although you have told me that in the above two cases the nikah was invalid, but to get out of the depression that marrying the guy of my parents’ choice won’t be halal, should I take the step and ask the boy to give me talaq through message? I know the nikah has not been done and so as the talaq can’t be valid. But due to the wehem i am suffering by depression. Please advise me, doing this will be wrong or right? Will this be DHOKA(BETRAYEL) to my future husband?WHAT SHOULD I DO, PLEASE PLEASE PLEASE TELL ME ADVISE ME. 

Also I am now thinking that I am a bad girl. I accept my mistake and is very sorry for that. What should i do to get out of this thought?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islam,

The ruling issued by the Darul Ifta was that the nikah was not valid. Hence, there is no point in texting that boy again and asking for a divorce. In short, even if you carry on having waswasa, the nikah will still be invalid. Therefore, we advise you to stop having these waswasas since it will not affect the ruling which has already been issued.

We advise that you become bayah with a reliable pious Shaykh who can advise you on dealing with the psychological challenges you are facing. You may use the following websites:

http://tasawwuf.daralmahmood.org/

http://idealwoman.org/tag/mufti-ebrahim-desai/

And Allah Ta’āla Knows Best

Mohammed Patel,
Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

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

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