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:

Assalamualaikum

I wish to ask the hukm with regard to online marriage, like through video conferencing? is it valid and has general application? or its application is conditional and for exceptional situations only? What are the requirenments to undergo such marriage?

I heard that 2 online marriage has been conducted in Indonesia where 1 brideroom was in Saudi Arabia and Another one is in America. So all the family of the bride and brideroom with the bride, wlai and witnesses communicate with the bride who is in different country and ijab and qabul was done through video conferencing. After the marriage, the bride was sent on aeroplane to meet and stay with her husband.

I hope you can clarify this matter and what is the opinion of previous scholars of 4 mazhabs in their books.

Thank you and I hope you can reply as soon as possible as it seem to invoke controversy.

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Answer:

Marriage thru video 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 none 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 for their marriage, if for some valid reason they are not able to present themselves for their nikaah. Provided all the other obligatory conditions of marriage like the determination of mehr, the consent of the bride and her guardians, and presence of two witnesses, etc. are fulfilled, such a Nikaah would be considered absolutely valid in the sight of Shariah and of Allah Subhanah.

If the one performing the ‘nikaah’ or the ‘Qadi’ is absolutely satisfied that the person speaking on the phone/video-phone, etc. is the appropriate absent party (bride or groom) themself and no one else, and provided all the other obligatory conditions of the ‘nikaah’ are fulfilled, a ‘nikaah’ conducted through the phone/video-phone, etc. would be considered absolutely valid, legal, and lawful in the Sight of Shariah Law and of Allah Subhanah.

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

Your brother and well wisher in Islam,

Burhan