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Is the Nikkah Sharayi if the girl in Canada has no Gawah but agrees to it?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
If the man is in Pakistan sitting with two gawahs , and a maulam, The girl is in Canada. She has no Gawah. But she listens to the whole Khutba and agree and qabools the Nikkah. Is this Nikkah Sharayi ?

Answer

(Fatwa: 2086/H=623/th=1431)

It is not enough to listen to full sermon and the words of ijab-o-qubool (proper exchange of the words for nikah) rather it is necessary for both the parties to be present in the meeting of nikah, which is missing in the questioned mentioned above.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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