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Fatwa #755129 December 2002Pakistan

what will the fatwa regarding the nikah on internet by using video conferencing facility, with a real time fax facility both parties have signed the form

Question

what will the fatwa regarding the nikah on internet by using video conferencing facility, with a real time fax facility both parties have signed the form and fax to their number in the presence of all witneses and qazi.

Answer

A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).%0D%0A%0D%0AIt is Sunnat that the marriage be announced and performed in the Masjid and the bride be 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.%0D%0A%0D%0AThe Mahr (dowry) is the woman's right and should be stipulated prior to the marriage.%0D%0A%0D%0AThe procedure of marriage via the internet is same as marriage by proxy where one of the partners (boy or girl) propose to marry the other. It is advisable that the proposal be written in front of two persons. However, this is not a precondition. (Shaami vol.3 pg.12; HM Saeed)%0D%0A%0D%0AThe two witnesses should also sign the document be sent to the other party, for example, in a foreign land and accept the written proposal in the presence of two witnesses. The presence of these two witnesses is a pre-condition. It is important to exercise extreme precaution by verifying the proposal and its witnessing to avoid any possibility of fraud and deception.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai
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