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Can a couple marry over the phone and can non-Muslims be witnesses at a nikah?

Answered as per Hanafi Fiqh by Muftisays.com
aoa,
if there is no possible way for the man and woman to meet on a soon upcoming date and they would like to make thier relationship halal and get married, can they marry over the phone?…and…can nonmuslims be witness’s at a nikkah?, allah hafiz

Answer
Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

Nikah on the phone is not valid. Also, it is a condition for the validity of marriage that the witnesses be present in the same place the marriage offer and acceptance takes place.

It is a prerequisite for the validity of the Nikah that there be two Muslim male witnesses or two female and one male witnesses. (Al-Hidayah)

Allah Ta’ala says, “And get two witnesses out of your own men (Muslim). And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her.”
(2: 282)

Additionally, non Muslims cannot be a witness.

Please refer to: http://www.cislamonline.com/fatwa_display.php?t=1031

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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