I would like to know if the Nikah I made was valid?
I met a brother over the internet and we wanted to make our Nikah. The groom, who lives in a different state, called me in September, 2016 and put me on the phone with a different brother who was serving as the Imam. The Imam asked me if I accepted the proposal of the groom. I said yes. Then he said that we made our Nikah. I wasn’t introduced to any witnesses over the phone and I don’t know if any were present at the time. I did not appoint anyone to represent me where the groom was. There was no contract or Mehr. I asked the groom for the names of the witnesses if there were any, but he won’t respond.
We did not announce our marriage to any Muslims when he came to visit me where I live. He met my family who are Non-Muslims. We didn’t announce that we made our Nikah over the phone because they wouldn’t understand. The groom didn’t introduce me as his wife to his family or any other Muslims when I went to visit him the following year in November, 2017. We have been alone but we have not consummated the Nikah.
The only Muslim I introduced the groom to as my husband was my 13 year old son. I told him we made our Nikah over the phone.
I sincerely appreciate your help to resolve this issue.
Please let me know if you need any further details.
Jazakum Allahu Khairun!
الجواب وبالله التوفيق
As per the situation described in your question the Nikah did not take place as it is mandatory in the Nikah that two witnesses must be present in the gathering of Nikah and both of them must listen to the proposal of marriage and its acceptance.
فی الدار المختار، کتاب النکاح ۔ج ۳ ص 9 و
و شرط حضور شاھدین حرین او حر و حرتین مکلفین سامعین قولھما معاً
و فی الھدایہ طبع شركة علمية ج ۲ ص ۳۰۶
ولا ینعقد نکاح المسلمین الابحضور شاھدین حرین عاقلین بالغین مسلمین
و فی الھندیہ کتاب النکاح الفصل الاول ۔ ج ۱ص ۲۶۸
و منھا سماع الشاھدین کلامھما معاً
For the above-mentioned reasons Nikah on the telephone is not valid.
فتاوی عثمانی جلد دوم ص ۳۰۴
The solution for this issue is that the bride and the groom, both present in one gathering, decide the Mehr in the presence of two witnesses and do the proposal of marriage and its acceptance again.
واللہ اعلم بالصواب