Marriage over the phone

Fatwa ID: 02460

Answered by: Molana Muhammad Adnan

Question:

Is a marriage done in secrecy for any urgent reason whatsoever with just the boy and girl (sane, adult and free) at one place and the witnesses present over phone valid

Answer

بسم الله الرحمن الرحيم

For a nikaah to be valid there needs to be 2 (sane adult and free) male witnesses (or its equivalent) present. Witnesses MUST be present in the gathering where the proposal and acceptance take place otherwise the nikaah is invalid. (Hidaayah p.306 v.2, contemporary fataawa p132)

Nikaah done in secrecy without the guardians consent is against Sunnah and is strongly discouraged, when the guardians find out it will cause upset and animosity. If the couple are not compatible(ghair-kufu)  then the guardians have the right to anull the marriage.  Sayyidah Aaishah raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has said, “Publicize the marriage. Do it in a mosque and play the duff.”   (Mishkaatul Masaabeeh p.272)

To publicize a marriage means that it should be performed in public among relatives and friends.   And a noble way of declaring the marriage is to do it in the mosque after the Jumma prayer where everyone can witness it. (Mazaahirul Haqq p.49 v.4)

Nevertheless, if the couple are compatible and all the conditions of nikaah are met, but its done in secrecy, the nikaah will be valid.

Only Allah knows Best.

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

Comments are closed.