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Nikaah on phone

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

AssalamAlikum brother,

 

I had my nikkah done about 2 months ago. But I am not sure if it was done right islamically. I live in Toronto Canada and my wife lives in Pakistan. I appointed someone to represent me in Pakistan and that individual signed the nikahnama for me. I also sent a written proposal for nikkah to my representative as well before the nikkah. Day of nikkah I called in and Qazi asked me if I accept the wife. I agreed and we had a khutba.

 

Is it valid from islamic point of view or do i Need to do nikkah again once my wife comes over to Canada. Please advise.

 

Jazakallah.

 


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Answer:

 

Nikaah on phone

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

The bride and the groom are both well within their rights in Shariah to appoint a wakeel or attorney to represent them in a marriage, if for some valid reason they are not able to present themselves for their nikaah. Provided all the other obligatory acts of marriage like the determination of mehr, the consent of the bride, and presence of two witnesses, etc. were fulfilled, such a Nikaah would be considered absolutely valid in the sight of Shariah. Even without the appointment of your wakeel or representative, if the Qadi is satisfied with the witnesses who confirm that it is indeed the groom on the phone, and you confirmed your proposal and acceptance to the Qadi on the phone, provided the other obligatory acts of marriage were met, the Nikaah would be deemed absolutely legal and valid in the sight of Shariah.

 

Your Question: Is it valid from islamic point of view or do i Need to do nikkah again once my wife comes over to Canada.

From the details which you have presented regarding the appointment of your wakeel or representative, and further your speaking to the Qadi yourself confirming your proposal and acceptance of the marriage; provided all the other obligatory acts of Nikaah were met, your marriage would be absolutely valid in the sight of Shariah and thus there is absolutely no need to do the Nikaah again once your wife comes to Canada.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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