Fatwa ID: 03874

Answered by: Shaykh Umer Khan

Question

I have a question. Is telephonic nikkah acceptable? There is a scenario about a marriage in which the man and woman were present in this country whilst the Sheikh, with two witnesses, was in Pakistan. The woman’s father was not aware of this nikah because he wouldn’t have approved it. So, they did the nikkah over the phone and Sheikh, who was in Pakistan, had two witnesses next to him.

Is that a valid nikkah because the women’s family doesn’t know although the woman is over 18 and living an independent life?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

According to the Ḥanafī madhhab, what you described would not be considered a valid nikāḥ. One of the conditions of a valid marriage is that the witnesses are present at the same location and in the same session as to where the offer (ījāb) and qubūl (acceptance) are taking place.[1]

The validity of the nikāḥ is not affected by the father not approving or the woman's family not knowing about it.

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham