Nikaah on the phone

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: In the beginning of 2014 I met a Muslim girl on line. We liked each other. She lied to me and told me that she had previous sexual intercourse. I’m of Abu Hanifa’s mazhab. We made a contract by ourself and had the witnesses over the phone. No wali no kafil no Imam no Shaihk. I told my family about the marriage as I did my neighbours, friends co workers and her sister. As we lived apart because we work 1444 km away, we saw each other 4-5 times a year any where from 5 to twenty days at a time. We regularly talked over video chat and text. In December of 2015 I went and saw her father against her will, told him about our marriage and through 2016 I met her family several times. In July of 2016 her father and I made a legal contract and he signed it and did a new contract with an Imam with out the presence or consent of the daughter. According to Shari’ah, are we man and wife?

Bismillaah

A: The nikaah that took place in 2014 on the phone was not valid. In order for the nikaah to be valid, it is a requirement that two witnesses, the bride, the bridegroom or their representative be present in the same gathering. Since this condition was not found in the manner the nikaah was performed via the phone, the nikaah was not valid.

In 2016, if her father married her to you without her consent in the presence of two male Muslim witnesses and there was a proposal and acceptance found, and later on when she was informed of the nikaah, she accepted it, then 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)

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