Nikaah on the phone

Q: I am a muslim. I met a girl on line and decided to marry her. We had nikaah on the phone and before I went to Pakistan to meet her personally I found out that she was not sincere with me and it was all about money so I decided not to go. My question is that if that marriage is legal I want to divorce her and do I have to pay her the haq mahar even though we never meet personally.

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A: In order for the nikaah to be valid, it is a requirement that a proposal as well as an acceptance be found in the same gathering in the presence of at least two male baaligh sane muslims or one male and two female baaligh sane muslims. Since this requirement was not found in this case (where the nikaah was performed on the phone) the nikaah is not valid.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I was in USA and the girl was in Pakistan when the nikaah was perfomed over the phone. I don’t know who else was present over there according the girl side there was a molvi who performed the nikah and her witnesses because I did not have any witnesses with me here in USA. Some of her relative became my witness while they were sitting next to her in Pakistan and then they mailed me nikaah nama to sign but up to now I did not sign. Please help me in this matter so I can move on with my life.

bismillah.jpg

A: In order for the nikaah to be valid, it is a requirement that a proposal as well as an acceptance be found in the same gathering in the presence of at least two male baaligh sane muslims or one male and two female baaligh sane muslims. Hence if the nikaah was performed on the phone i.e. you presented the proposal from your country and she accepted over the phone from her country, and there were witnesses on either side, then the nikaah will not be valid since the above mentioned requirement was not found. However, if you had given them permission to perform the nikaah and the nikaah was performed in the presence of two Muslim male baaligh sane witnesses or one Muslim male and two Muslim female baaligh sane witnesses, then the nikaah is valid.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)