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Is our nikah valid?

Answered according to Hanafi Fiqh by Askimam.org

I am in quite tough time n passing through hell.5 months back i got a prposal for mariage at my home through one of my friend.the boy called over my phone and asked that for security reason or for saving of our relation will you marry me over phone meanz he was asking to me to conduct a nikah over phone ,i rejected first then i said ok. after that he arranged two male witnessis on his side and one appointed as my  wakeel then he called on my phone and said to get ready the appointed wakeel is gonna ask you all that.then the wakeel took my permission and he asked that Miss … d/o… apko mr….s/o///apny nikah mein qabol hein and i said yes three times..then another friend of him asked to hime same by taking my name..ok.and nikah done n haq meher was 25thousand after that we met two times like husband and wife and after that we got engaged then after few months of engagements his father told to me dad tht we dont want to continue this relation so plz sorry etc..and my … called me and told me that his father is not supporting him etc etc..anyhow after that im not incontact with my..he is even not picking my phone..plz tell me is this nikah is valid i am his wife?i am passing through hell really.plz tell me what should i do now.

Answer

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

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

Marriage is a lifelong decision that requires careful consideration and mashwarah (consultation). The institution of marriage is a huge step in life and must be considered thoroughly and no negligence should be borne in finding a suitable spouse. It is generally greatly emphasised to include one’s parents in the decision of marriage. Making such rash and naïve decisions without the consent of parents may lead to complications as you are witnessing now. It is never wise to disregard one’s parents in such aspects of one’s life, especially in the case of marriage.

Nevertheless, in order to determine whether your marriage over the telephone as explained by you is valid or not, hereunder is the procedure for a valid marriage over a telephone[1]:

Person “A wishes to marry person “B” and both are in different locations. Either party shall appoint a representative so that the representative may pronounce the offer/acceptance on their behalf in the physical location of the other party. During the marriage ceremony, witnesses are required to be present (two males or one male and two females). The representative of for example, party “A” will pronounce the offer (or acceptance) in the presence of two witnesses to party “B”. Once party “B” accepts, the nikah will then be contracted. During the course of the marriage ceremony, all parties shall listen whilst the nikah is being conducted. However, if the party who has a representative does not listen to the nikah being conducted over the phone, the nikah shall still be contracted.

Based on the details mentioned in the query, your marriage is valid with your husband. Our advice is that you approach your parents and seek their help in this issue.

And Allah Ta’āla Knows Best

Fahad Abdul Wahab

Student Darul Iftaa

USA

Checked and Approved by,

Mufti Ebrahim Desai                                                                                                                                                                                                                

www.Daruliftaa.net


[1] Contemporary Fatawaa, Pg 132. Idara-e-Islamiat 

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

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