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Nikaah over telephone

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am living in UAE and my family in Pakistan. I am going to get married (Nikaah) on the telephone. My question is the Nikaah Khwan (Imam) will be with the groom at UAE or at Pakistan with the family? The bride is at Pakistan with my family.

Bismillaah

A: It is a precondition for the validity of the nikaah that the bridegroom, bride (or their representatives) and the two male baaligh sane Muslim witnesses be in the same gathering. Since this condition is not found in the case where the nikaah is performed on the phone (as yourself and the girl will be in separate places), the nikaah will not be valid. However the correct method is that someone on either end is appointed as the representative of the bride or the bridegroom and the nikaah is then performed in the presence of two muslim adult sane male witnesses. In this way 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)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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