Nikah on Telephone
By Mufti Ebrahim Desai
Posted: 16 Jamad-ul-Awwal 1423, 27 July 2002
| Q.) I am just wondering about the Shari'ah rulings on
Nikah. What are the conditions if we do it on the telephone? Is it
permissible in Islam or not? If it is, then would you please email me the
details about the conditions and so on. The male is in Canada, while the
female is in Pakistan. [Anwar Ahsan] |
A.) Nikah over the telephone is not permissible because both
the boy and girl are in different places and the witnesses need to be present at
the actual place of the Nikah.
A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the female or male in the past tense and in the presence
of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and
the bride is represented by her Mahram (father, brother, etc.). The bride gives
consent to her representative (Wakeel) in the presence of two witnesses to
perform her marriage at the Masjid. At the Masjid, the Wakeel represents the
bride in the presence of the two witnesses and the stipulated dowry. The
witnesses must be two trustworthy and pious male Muslims who are not her
ascendants e.g. father, grandfather or decendants e.g. son, grandson, etc.
The Mahr (dowry) is the woman's right and should be stipulated prior to the
marriage.
And Allah Ta'ala Knows Best
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