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Marriage over the phone

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Molana Muhammad Adnan


Question:


Is a marriage done in secrecy for any urgent reason whatsoever with just the boy and girl (sane, adult and free) at one place and the witnesses present over phone valid


Answer


بسم الله الرحمن الرحيم


For a nikaah to be valid there needs to be 2 (sane adult and free) male witnesses (or its equivalent) present. Witnesses MUST be present in the gathering where the proposal and acceptance take place otherwise the nikaah is invalid. (Hidaayah p.306 v.2, contemporary fataawa p132)


Nikaah done in secrecy without the guardians consent is against Sunnah and is strongly discouraged, when the guardians find out it will cause upset and animosity. If the couple are not compatible(ghair-kufu)  then the guardians have the right to anull the marriage.  Sayyidah Aaishah raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has said, “Publicize the marriage. Do it in a mosque and play the duff.”   (Mishkaatul Masaabeeh p.272)


To publicize a marriage means that it should be performed in public among relatives and friends.   And a noble way of declaring the marriage is to do it in the mosque after the Jumma prayer where everyone can witness it. (Mazaahirul Haqq p.49 v.4)


Nevertheless, if the couple are compatible and all the conditions of nikaah are met, but its done in secrecy, the nikaah will be valid.


Only Allah knows Best.


Written by Molana Muhammad Adnan


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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