Q: I have read that some scholars are of the opinion that a nikah (marriage) can be contracted in absentia, when the intended bride and groom live in different countries and due to certain circumstances cannot meet in person at the moment, so some opine that it’s permissible to conduct the nikkah online or the telephone, as long as both parties to the nikah are convinced beyond reasonable doubt that the other person is who he/she says he/she is and can confirm there’s no case of identity theft or deception. I would like your opinion on this.
I have come across Ahadith where the Prophet (salallahu alahi wa salam) married in absentia, and some use this as daleel (proof) for the permissibility of online marriages.
A: Nikah in absentia will not be valid. However if anyone of the absent parties whether the bride or the groom is represented by a third person to conduct the nikah, it will be valid.
And Allah knows best
Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
+27 83 982 6968
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www.councilofulama.co.za
@UlamaCouncilEC