Fatwa ID: 08988
Answered by Maulana Abdurrahman Persaud
Question:
Assalamu alaykum,
I hope you are well. I have an important question regarding the performance of a marriage contract.
In shaa Allah, I am planning to get married, but some unusual circumstances have arisen that I would like to clarify.
The father of my future wife does not believe in Islam. He describes himself as a follower of Hinduism and he openly practices their rituals.
His daughter, on the other hand, is a Muslim and practices Islam (she wears hijab, etc.).
From what we have heard from several imams and scholars, we understand that such a father cannot be a valid wali, even though he personally has no objection to our marriage and does not cause any issues. She also has no other close male relatives who practice Islam.
For this reason, we would like to ask for your guidance on the following:
In this situation, can or must an imam take the role of the wali?
Is it permissible to conduct the marriage online via Zoom, with the imam acting as the wali, two Muslim witnesses present, and an agreed-upon mahr?
We are considering this option because we currently live in different cities, it is financially easier for us, and it would allow us—when we meet again, in shaa Allah—to already have a valid nikah and begin our life together without unnecessary prior contact. (We have met once in person before.)
The imams who publicly offer this service (from abroad) have stated that such marriages are valid, and they provide a certificate and recording, and their education and identity are verifiable.
Our families are aware of our intention and support it; we would also make the marriage public. We simply want to act correctly, make things easier for ourselves, and avoid possible complications if her father were to attend a ceremony in person.
We would be sincerely grateful for your advice and guidance.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Given the above scenario, the sister may appoint the imam as her wali since there are no muslims in her usbah (paternal side of the family) because the holy Prophet ﷺ said:” The ruler is the wali for whom there is none”.[1]
The manner in which the nikah would be conducted over Zoom would be invalid since a fundamental part of nikah is to have both witnesses witnessing the proposal and acceptance in the same location. However, if you appoint a (wakeel) representative to make the proposal or acceptance on your behalf in the same location as the witnesses and the wali, this would be sufficient and Sharia-compliant.[2]
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
عَنْ عَائِشَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ” أَيُّمَا امْرَأَةٍ نُكِحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا فَإِنِ اشْتَجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لاَ وَلِيَّ لَهُ ” . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ.
Jami` at-Tirmidhi 1102
[2]
ص89 – البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري – فَمِنْهَا اتِّحَادُ الْمَجْلِسِ إذَا كَانَ الشَّخْصَانِ حَاضِرَيْنِ فَلَوْ اخْتَلَفَ الْمَجْلِسُ لَمْ يَنْعَقِدْ – المكتبة الشاملة
ص178 – الدر المختار شرح تنوير الأبصار وجامع البحار – ومن شرائط الايجاب القبول: اتحاد المجلس – المكتبة الشاملة