Fatwa Explorer

Fatwa #146958 November 2006United Kingdom

I got married to a guy over the telephone

Question

I got married to a guy over the telephone, He is in Pakistan and I am in the UK. My parents were against us getting married so we did a secret Nikah. I had my Mamoo and brother present. My mamoo was my wali and brother was the witness the other witness was on the other side. The guy had his older brother as his wali and another 2 friends who were witness. I wanted to know if my Nikah is valid or not and is secret Nikah allowed in islam?

Answer

 Respected brother/sister in Islaam

Assalamualaikum Warahmatullahi Wabarakatuhu

There are two issues that need attention in your query viz;

1) Nikah over the telephone

2) Secret Nikah

1)      Nikah over the telephone is not valid. It is a precondition for the validity of Nikah that at least two witnesses be present at the time of Nikah, and they should witness both the ‘offer’ and the ‘acceptence’. (Al- Hidaayah Vol.2 Pg. 306 Maktabah Shirkah al-‘Ilmiyyah, Multan , Contemprory Fataawa, Mufti Taqi Uthmaaniy: Pg. 132 Idaara Islaamiyaat) This was not found in the incident mentioned in the query.

2)      Rasulullah sallallahu alaihi wa sallam said: “Announce the Nikaah.” (Sunan al-Tirmizhiy No.1089 Gharib Hasan, Dar Ihyaa Turaath al-‘Arabiy)

The wisdom behind the announcment is to avoid any misconception of an illegal and illicit relationship between the boy and girl. Although the secret marriage for the purposes of legalising intimacy will be valid, we are also advised to abstain from doubts and disgrace. If the Nikah is not announced, people witnessing the relationship will miscontrue it to be a Haraam and illegal relationship. Therefore we advise the nikah be announced to avoid the negative factors of secret marriage.

And Allah Ta'ala knows best

Mufti Ebrahim Desai

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