Fatwa Explorer

Fatwa #1480215 December 2006United States of America

my question is about a nikkah over the phone...

Question

my question is about a nikkah over the phone. One of my cousins had her nikkah done over the phone without the approval and signature of her father. But before the couple had a chance to see and spend time with one another, the girl wanted a divorce. and now the husband is refusing to divorce her. my question is that since the father was not present and did not validate the nikkah, what is the position of the nikkah? is it valid or not? and what can she do if the nikkah is valid and still wants a divorce? Right now she wants to marry somone else but is not sure about this situation.  thank you, and hope u can help. 
 

Answer

One of the conditions for the validity of Nikah is the witnessing of Nikah.For that the physical presence of the witnesses is necessary. A nikah conducted by telephone does not fulfill this criteria as both parties are not in the same place and it is not possible to fulfill the conditions of the physical presence of the two witnesses in one place.
As an alternative, proxy of Nikah by telephone may be conducted like a written proxy for the Nikah.If the future spouses are for example, in two different countries, the representative of the girl may telephone the boy and grant him permission to conduct the Nikah.There should be two witnesses on the side of the girl who also verbally testify being present and being witnesses to the permission being granted to the boy to marry.
If the boy is certain of the permission being granted to him and there is no doubt whatsoever in the proxy by telephone, the boy may now, independently perform the Nikah relying on the proxy by telephone.
In brief, a Nikah through telephone cannot be conducted, proxy of Nikah may be conducted trough telephone.

And Allah Ta’ala knows Best.
Mufti Ebrahim Desai

Something wrong with this record?

Report a problem

This goes to whoever maintains the archive, not to Askimam.org. For a question about the ruling itself, use the link to the original above.

Sent anonymously. No account needed, and nothing identifies you.