Fatwa: # 28613
Category: Marriage (Nikah)
Country: United Arab Emirates
Date: 11th March 2014

Title

Nikah over the phone

Question

After so many years of Dua Allah gave me the best life partner. Before marraige we did not meet eachother just on Skype my husband Propose to me. My parents are staying in India they were happy with the proposal. but due to some circumstances my husband did not inform to his family about me.

As my family is in India and we could not go india for nikah. and my Husband wanted to make our relationship jayaz front Allah so we planned and met on our Nikah day. Qazi was in india he gave khutba of nikah and read all the ayats on speaker phone. we ( my wali my wouldbe husband and two gawah were at same place) all the procedure were followed as per sharia rule, only the qazi was not present dubai.

but he was on mobile phone. now im staying with my Husband after Nikah. please let me know. is Our Nikah valid??? or we have to do the nikah again. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Since you, your husband and the two witnesses were in the same gathering and the proposal and acceptance were witnessed by them, the Nikah is valid.[1] 

 

And Allah Ta’āla Knows Best

Muntasir Zaman

Student Darul Iftaa
USA

Checked and Approved by,
Mufti Ebrahim Desai.



[1]  اللباب في شرح الكتاب (3/ 3)

- النكاح ينعقد بالإيجاب والقبول، بلفظين يعبر بهما عن الماضي، أو يعبر بأحدهما عن الماضي وبالآخر عن المستقبل، مثل أن يقول زوجني فيقول زوجتك. ولا ينقعد نكاح المسلمين إلا بحضور شاهدين حرين بالغين عاقلين مسلمين أو رجلٍ وامرأتين، عدولاً كانوا أو غير عدولٍ، أو محدودين في قذفٍ

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