The Procedure for Nikaah over the Phone
AOA My brother and sisters!
I got engaged before 6 months and my fiance is living in Pakistan & am living in Saudi Arabia, now i want a possible solution to get a proper documents for my fiance to get her a visa for comming here after getting married.
So for that i need to do a Nikah which will be probably on phone, so can you people kindly guide me the proper way of doing all that and the procedure? I really dont know whats the correct procedure of getting Nikah on phone.
(As my fiance's father already passed away few months back may his soul rest in peace) Ameen!
As I saw many helpful people with providing very fine solutions by their worthy posts. I will be waiting for the earliest reply as i want to get this done as soon as possible.
I will be really thankful to you people for your positive and helpful outcomes and replies.
Thanks and Best Regards, JazakAllah u Khairan! Your brother in Islam!
~ Amr Kronfol Khan (Allah_ka_banda)
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AsSalamualaikum,
Brother, Nikah in the absence of the girl is permitted by the scholars. But, the proof that she agrees to marry you is required. A written permission is sufficient insha Allah. But it should be kept in mind that presence of Wali is necessary. Hence, Nikah on the phone is doubtful.
Her wali or his wakeel (representative) should be present, because a marriage contract without the wali of the woman is not valid, because the Prophet (blessings and peace of Allaah be upon him) said: “There is no marriage without a wali.” Narrated by Abu Dawood and Tirmidhi. And the Prophet (blessings and peace of Allaah be upon him) said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by Ahmad, Abu Dawood and al- Tirmidhi.
So, make sure the Wali or his representative is present. And that you have two witnesses over the Nikah.
Shaikh ibn Uthaimeen was asked:
Q. Is Marriage via the
telephone or by correspondence binding and
accepted? Meaning that the
father gives his daughter in
marriage via the telephone or via a specific letter.
He replied:
Marriage is not contracted
via the telephone, nor by
correspondence; rather, the
husband and the (bride’s)
guardian must attend, along
with the witnesses- and this cannot be completed via the
telephone or by
correspondence. Yes, it might
be completed through
correspondence, if the
contractor appoints a proxy to contract for him- if he is in
another country. In these
circumstances, it is requires
that the document appointing the proxy be an authorized document, as established by Islamic Law.
Fataawa Islamiyyah, Volume 5 , Pg 188
Even the Permanent Committee for Fataawa declared that Nikah on phone should not be allowed, because it can be deceptive.
But I read that Nikah through video conferencing was done in somewhere in Indonesia. I do not know of its authenticity though. If any reader finds proof that it is right, please comment.
When arrangements are made, make sure the exchange of Mahr is done before the Qaadhi. When the Nikah is completed, make sure the Waleemah is held. It does not need to be a grand one. A simple party would suffice.
I hope this was helpful
Wassalamualaikum
Muhammad Waseem
IslamicAnswers.com Editor
Salam Brother. I was 17 when I made nikah with a boy over the phone call. It was a secret one just to avoid sins. We thought to tell our parents when the right time comes. Im 21 years old now. And in all those past years I doubt if my nikah was held. We both are still not in any sort of physical contact. The reason why I doubt is that firstly, none of my family members or parents know about it yet. Secondly, when the nikah took place, there was not even a single person present on my side to witness anything. My boyfriend told me that how u have to appoint your representative who was his friend and i had never ever met him. He had two males at his place to witness this all. I appointed his friend as my representative. And he conducted the nikah. But who witnessed if it was me or someone else. I mean there was none to witness on my side. Please enlighten me
Can i do nikah wd my boyfriend on phone without my father knowing of it until the right time?we are young...about 20 and love each other. We do not want to go against allah in any way. but i am a medical student and my dad wont marry me till i am done with my MBBS. And till that time i want to stay in touch wd my boyfriend. We will get married in sha allah but its along time away. Nikah on phone and then have sex when we meet? His set haq mahr that he wishes to give me is 1 crore. But before he gives me my mahr can we have sex with him? And whilst i stay with my father and family whom i supposed to obey? My husband or father/ mother?
Hi.. Sister... First thing is that nikah can not be done on phone..( but in some circumstances). Second thing is that girl can not marry without the permission of wali ( parents/guardian/father).
In hanfi fiqh only in some circumstances (very strict).. You can marry with out wali permission but when it came to his knowledge and wali is not agree for that nikah then it will become invalid.
In shafi and all other fiqh it is cometely not allowed to maary without wali/parents permission to do nikah. Even parents can not do nikah without girls permission.
And third thing is that.... I will suggest u to not to take this step.. If u r hanfi please consult with some mufti sahib before taking step.. I said mufti not molvi hazrat... :). And if ur boy friend will really marry u in futute.. Then please do mangni with family consents and then think over this
Other wise you can be cheated easily.. I have seen many cases... Every girl say. Hamara rishta asa nahen wo mujy dhoka nahen day ga.. But time chamges every thing sis....
So think over it again .
If u or any ine have any other question u can contact me at ****.
I am not mufti but my answer will be after discusing them with mufti.. And IN SHA ALLAH.. I will reply with refrence.
Please do NOT post your email address, as it is not allowed. Why should you insert yourself into someone else's personal situation? If you can consult with a mufti, then do so and post the answer here.
Wael
IslamicAnswers.com Editor
i am a muslim i want to marry a christian girl , what are the necessary things i must to make ? isit possible that we must to make it in mosque , i guess she wouldnt agree about it .
Firstly she must be chase. And yes, you could do the nikah in the masjid or in any halal place. However, I strongly do not recommend marrying a Christian woman. It will lead to inevitable conflicts about raising the children, and will not promote your obedience to Allah or practice of the deen.
Wael
IslamicAnswers.com Editor
can i do nikah with my boyfriend on phone without my father knowing of it? He wants to set haqmahr of 1 crore. but can we have sex before he hands in haqmahr to me? Also i am 20 yrs old and am gonna live wd my family for next 5 years. so in that time period do i obey my father or my husband. whom i do not live wd coz it will take five years for ruksati to happen. i am sunni and dont want to dispbey ALLAH AND PROPHET MUHAMMAD PBUH. plz respond to me asap.
Salam I'm just wanting to no if the marriage was accepted
I was Christian and converted to Islam I was 16 years old at the time
My husbands parents found someone to do Nikah and the man spoke to me on the phone they was my in laws and husband in the room at the time and the man asked me if I was getting forced and I said no no one could hear what the man was saying to me as it was on the phone and he was out side in a car and then my husband went outside to him I don't no what they did or what happened but I did not see the person that did the nikah and my parents did not give permission I'm just wanting to no if the marriage was accepted because people are saying it was not
Thank you
I'm not giving any fatwas, but it does not sound like a proper Islamic marriage, as you were not represented by a wali. Also you did not mention anything about the mahr. I suggest that you repeat the nikah and do it properly this time.
Wael
IslamicAnswers.com Editor
Thank you When we thought we was married we got a divorce but we have a daughter and want to marry again could you tell me what the best thing is to do
Does this mean We can marry again
? Because people are saying different things
u
I am pursuing law and doing a research on this burning topic , "Can nikah be done via phone, video-conference and Internet".
I am sharing the little information that I could gather.
NOTE: This is not my personal view or thought, every point I mention is extracted from some source.
.
LUCKNOW: The groom appeared on a laptop screen to say 'qubool hai' (I accept) from far away Dubai at a Muslim wedding solemnised here - a sure sign how high technology is spreading fast among people.
The 'nikah' was performed through video-conferencing in the walled city of Lucknow on Thursday evening with the 'moulvi' declaring that the marriage had been solemnised after the groom said 'yes'.
The bride had already given her affirmative 'qubool hai' before a web camera.
After the moulvi declared the nikah solemnised, it was followed by 'mubarak ho' congratulatory calls from the friends and relatives gathered at the bride's home.
High priest Maulana Hamidul Hasan said: "This was the first nikah I have performed through video-conferencing. I am myself impressed by the procedure. It makes the task so much easier."
"I think this is a step beyond and better than the telephonic nikah as one is now able to see the person with whom one is getting married," Hasan told IANS.
Both the bride and groom were well accomplished. Alishan Zaidi, the groom is an MBA from Lucknow University, currently working with a Dubai-based multi-media company. Aliza is from Lucknow's elite Loreto Convent and is pursuing a course in fashion technology here.
Asked what prompted the family to go for a video-conferencing nikah, Aliza's father, Mohammad Alim, said: "Well, my daughter was engaged to Alishan about a month ago and we had fixed the marriage for December. However, with visa formalities likely to take longer than usual, our son-in-law suggested this. Just see, how well it has worked out!"
He said: "Initially, it appeared strange that a nikah was being performed without the bridegroom being present at the venue. But soon everyone realised what a unique and wonderful way it was to tie the nuptial knot."
Even the nikah of one of Aliza's aunts had been performed over the telephone way back in 1991.
Asked if this video-conferencing nikah would receive sanction among the Sunni Muslims, well known Sunni cleric Maulana Khalid Rasheed told IANS: "Why not?"
Maulana Rasheed said: "New techniques ought to be adopted by society and Islam does not restrict you from doing so. After all, don't we take new medicines for the same old diseases as time grows and fresh research take place?"
http://www.dnaindia.com/scitech/report-now-nikah-through-video-conferencing-1044490
ANOTHER SUPPORTING STATEMENT:
The 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)
The 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.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
http://ya-mujeeb.com/index.php/sharai-masaeel/marriage/what-will-the-fatwa-regarding-the-nikah-on-internet-by-using-video-conferencing-facility-with-a-rea
Pls what is the position of this couples,the bride price was sent through a bank account, the marriage conducted through phone, the husband on his way to meet his wife ,went for a wedding and at that wedding meet a lady whom he booked a hotel room and had an affair with her,thereafter came to know that the woman he slept with was the wife he got married to via phone.The woman is pregnant now,in lslam is the marriage properly conducted in the right way and what of the pregnancy pls i need answers
Oh my goodness this sounds like the outline of a novel or soap opera. Seriously, it would make a good story. One thing is for sure: they are both lying, unfaithful sinners. It sounds like they deserve each other.
Wael
IslamicAnswers.com Editor
I want to know if I give divorce on text msg is it applicable
Assalamualaokum,
Want to ask question one question
I married with one of my friend few years ago when i didn't have sense and i said qabool hy three times tell my this nikkah is done or not or if how to get rid of it