QUESTION:
As Salaamu Alaikum,
I am grateful for the response. However a follow question to your response, what are the essential conditions for a nikka to be valid. And perhaps I was not clear in my initial question, but given the current situation with the pandemic and travel restrictions, is an online nikkah still prohibited?
For instance, a couple who lives in different countries wanted to get married.The boy could not travel to meet the girl to get the nikkah done, however, the girl could have travelled to the boy, but before she travels, the parents of the girl wants the nikkah done. Again, given the current situation and travel restrictions, can an online nikkah be done?
ANSWER:
Wa Alaikum As Salaam,
From among the essential conditions for a Nikah (marriage) to be valid is that in front of two Muslim male witnesses, there must be Ijaab (consent) from one party, and Qubool (acceptance) from the other party. Both the Ijaab and Qubool can be conveyed via an agent. That is, it is permissible for the male to appoint a wakeel and let him convey his Ijaab or Qubool, and it is also permissible for the girl or her father/wali to appoint an agent (wakeel) to convey the Ijaab or Qubool.
Two Muslim male adult witnesses must be present to witness the Ijaab and Qubool when it is being done. In the absence of two males, one male and two female Muslim witnesses would suffice.
It is essential for the male to give a Mahr (dowry/dower) to the female when marrying her. However, if nothing was mentioned or stipulated, Nikah will be valid, and it will be essential upon him to give her the mahr.
As for the online Nikah, this is not permissible since the conditions laid in the Shariah are not fulfilled. From among the conditions mentioned in the books of Fiqh is that both Ijaab and Qubool (consent and acceptance) must be done in the same one Majlis (sitting), and in that same one sitting, the witnesses must hear the Ijaab and Qubool. This condition is not found in marriages that are done online, since one party would be in his own Majlis (sitting) in one city or country, and the other party would be in her own Majlis (sitting) in another city or country. This also means that the two witnesses would not be able to listen to the Ijaab and Qubool being done in the same one Majlis (sitting).
As an alternative, your Nikah with the girl can be contracted through the agency (wakeel) manner, and it will be valid in the Shariah. This can be done in a way that you appoint someone as your agent (wakeel) in the country where the girl lives, and make him your representative to place your Ijab (consent) in front of the other party (and those who are involved in having the marriage done). Your wakeel will then convey your Ijaab in the presence of two witnesses in the Majlis (sitting) of Nikah, and the girl can then give her acceptance to it. It is also permissible for the girl or her Wali (guardian) to appoint a wakeel for her in the country where you (the boy lives) and then her wakeel can contract her marriage to you in the Majlis (sitting) of Nikah in front of two witnesses, where you will give your acceptance. In this way, the marriage will be valid.
(Bada’i As Sana’i – Volume 2 Pages. 487,490, 529. Maktaba Rasheediya Queta).
(Hashiya Raddul Muhtar (Shami) Vol. 3 pages 9-10 H.M Saeed Karachi).
(Kitabul Fatawa Vol 4 pages 305, 306 Zam Zam Publishers Karachi 2008; Kitabun Nawazil Vol 8 pages 57,79,80 – Darul Ishaat Karachi 2016).
And Allah Knows best
Mufti Waseem Khan
22/01/2021