Question1 A girl gave permission to the Imam on the phone, to perform her Nikah with a particular boy, so the Imam performed the girls Nikah in the presence of two male witnesses is the Nikah valid?
Question2 When the girl gives permission on the phone to the Imam to conduct the Nikah does two witnesses have to be present by her as well (when she is giving permission to the Imam on the phone to perform her Nikah)?
Question3 What is the minimum amount of mahar in pounds & is mahar compulsory?
In the name of Allah, the most Beneficent, the most Merciful.
Answer
It was mentioned in an earlier post that marriage conducted over the phone is invalid. The solution to this problem is that either the man or the woman appoints an agent who will conduct their marriage on their behalf.
For example Ahmad wants to marry Zainab. Ahmad lives in the UK whereas Zainab is from Dubai. Zainab may authorise a relative or friend living in the UK over the phone to contract her marriage with Ahmad. If she selects her relative Zaid to be her agent, then Zaid at the time of the marriage ceremony in the presence of at least two male or one male and two females witnesses will say “I being the agent of Zainab daughter of such and such person have given her in the marriage to Ahmad for “x” amount of dowry. Then Ahmad will reply by saying; “I have accepted Zainab in my marriage in the presence of the witnesses.” The marriage will then be considered as valid. (Al Ikhitiyar li Talil Mukhtar p.121 v.2)
Therefore, with regards to your first question if the girl makes the Imam an agent then his conducting of the nikah in the presence of two male witnesses will be considered valid.
With regards to the second question, it is desirable to make witnesses when the girl is appointing the Imam as an agent to conduct her nikah. (Raddul Muhtar)
The mahr is one of the rights of the wife and the husband gives it at the time of the marriage ceremony.
Allah (SWA) in the Holy Quran has said “And give the women their dower in good cheer”. (Surah Nisaa v.4)
Mahr is obligatory. Allah (SWA) has used the word “faridah” for it. It means something is fixed, decided and obligatory. It is compulsory for the husband to pay for the mahr unless the wife by her own will and without any pressure forgives the husband in paying for it. (Mazahirul Haqq p.104 v.4)
If a husband dies without paying the mahr to his wife, it will be considered an outstanding debt and will be taken out of his inheritance. (Fatawa Darul Uloom Deoband p.336 v.8)
According to the Hanafi Fqh the mahr cannot be less than ten Dirhams. However there is no maximum limit of mahr, although to stipulate a very high mahr is not preferred. SaaidunaUmar Radhiallahu Anhu said: “Do not stipulate the dowry of women to high. If (doing so) was a token of honour in this world or a source of piety by Allah than your Prophet Sallallaahu Alahi Wasalam should have been more worthy of it.” (i.e. stipulating a high mahr) (Sunan Tirmizi)
Mahr Fatimi
Similarly it is also preferable to stipulate that amount as mahr, upon which the daughters of the Prophet of Allah Sallallahu Alahi Wasalam were married. From amongst the daughters of the Prophet of Allah Sallallahu Alahi Wasalam mention is made, in the narrations, of the mahr of Saaidah Fatima Radiallahu Anha.
This amount of this mahr is 480 dirhams, although there is some difference in opinion on this. One silver dirham is equal to approximately 3.06 grams of silver; so one would calculate the price of 1469.60 grams of silver on the day of marriage to approximate the Mahr Fatimi. Nowadays silver is worth approximately £00.62 per gram, therefore, the minimum mahr and the Mahr Fatimi will be:
Mahr Fatimi Approximately = £911.15
Minimum Mahr Approximately = £18.97
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
