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Questions on Nikah

Answered according to Hanafi Fiqh by DarulUloomTT.net

Asalamualikum,

Question1

Can a girls raja(accepting of her nikah) be taken via a phone call?If yes does it have to be taken be a mehram?

Question 2

If my nikah is takin place in another country where ive got family but no mehram can my father take my raja(that I’ve accepted the nikah) at home and tell his cousin in that country where my nikah is goin to take place (that ive said yes) and his cousin acts as my witness for my nikah.

 

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

For validity of Nikah, it is necessary that Ijab (consent) and Qubool (acceptance) be taken in one and the same majlis (sitting/gathering/meeting) and two witnesses present themselves in that Majlis to hear the Ijab and Qubool.

The best way to do a Nikah over the phone is that one party appoints someone as his/her wakeel who will do the contract on his or her behalf.  The wakeel will then go in front of two witnesses and give the Ijab for the marriage. Then the other party (in that same majlis), will give the Qubool (acceptance) in front of the two witnesses. In this way, Nikah will take place. (Kitabul Fatawa Vol.4, Pg.305, Zam Zam Publishers, Karachi 2007).

Based on the above explaination, the answers to your questions are:

  1. The girl’s acceptance of her Nikah can be taken over the phone. The person who takes the ‘acceptance’ can be a Mahram or anyone which her guardian (father) appoints to act on her behalf. This person will be the wakeel, (acting on behalf of the girl) who will present the acceptance of the girl to the boy in front of two witnesses. After this, the boy will give his answer in front of the same two witnesses, and the Nikah will be valid.
  2. In the second situation, your father can take your acceptance (in fact, he is the rightful guardian who suppose to do this, except that he appoints another one who can be your wali). After taking your acceptance, he can tell his cousin in the other country of your acceptance and make his cousin the wakeel to contract your marriage on your father’s behalf. He will then proceed to give your acceptance in front of the boy in the presence of two male witnesses. Upon this, the boy will give his answer.

 

And Allah Knows Best.

Mufti Waseem Khan.

4/2/16.

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