Nikaah over skype

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: You described that the boy, girl and witness should all be in the same gathering. Some relatives of mine had their nikaah on skype where they were seeing each other, both had their set of walies and their set of witnesses – all good to go, so how is this nikaah any different than doing it over the phone (yes, we did it on the phone with 2 male baligh guys without the wali and their consent) but in both cases, the boy, girl and the separate set of witnesses weren’t in the same gathering – if you mean to say to be ‘physically’  in the same gathering. Or is the skype nikah valid due to the presence of other factors such as wali and witness and their respective places? Please explain.

Bismillaah

A: If the nikaah was performed on skype in the same manner as the nikaah was performed on telephone (i.e. the boy proposed from another place and the girl accepted from another place) and there were separate witness at both places, the nikaah will not be valid. However if the nikaah was prearranged on telephone or skype e.g. the girl gave permission to the boy to perform her nikaah and the boy performed the nikaah in the presence of two witnesses or more the nikaah will be valid.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: In the example given, will it not be necessary for the girl (bride) to appoint a wakeel to perform her nikaah rather than just giving permission to the boy (groom) to perform the nikaah?

Bismillaah

A: Through giving permission to the boy to perform the nikaah, she has appointed him as her wakeel.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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