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Posted By Topic: Nikah via telephone?

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abu.naimah.shamsuddi
09-04-2004 @ 4:09 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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Salamu alaikum wa rahmatullah;

I had been asked to participate in a nikah via the telephone, both parties are in another town [e.g. they are in the same city & I'm located in the second city]. After careful thought, I figured I should bring it this website, because occassionally we get replies that are founded soundly upon knowledge, Al-hamdulillah.

Is a nikah performed via the telephone permissable if it meets all other requirements? [i.e. walee, consenting male & female, mahr, khutbah etc.] Or are there other requirements that necessitate proximity of all parties?

Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA

wasim.ahmed
09-04-2004 @ 7:08 AM    Notify Admin about this post
Abu 'Abdil 'Azeez Waseem ibn Abdirraheem Al Peshimaam (Bangalore,India / Al Qaseem , K.S.A)
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al-Hamdu-Lillaahi Rabbil-'Aalameen was-Salaatu was-Salaamu 'alaa
Ashrafil-Anbiyaa?e wal-Mursaleen, wa ba'd:


Q. Is Marriage via the telephone or by correspondence binding and accepted? Meaning that the father gives his daughter in marriage via the telephone or via a specific letter.

A. Marriage is not contracted via the telephone, nor by correspondence; rather, the husband and the (bride?s) guardian must attend, along with the witnesses- and this cannot be completed via the telephone or by correspondence. Yes, it might be completed through correspondence, if the contractor appoints a proxy to contract for him- if he is in another country. In these circumstances, it is requires that the document appointing the proxy be an authorized document, as established by Islaamic Law.

Fatwa by ?Imaam ibn ?Uthaimeen (rahimahullaah)
Source ? Fataawa Islamiyyah, Volume 5 , Pg 188



Q. If the pillars and conditions of marriage are fulfilled, except that the guardian and the groom are in different countries, is it permissible to contract the marriage by telephone or not?

A. Bearing in mind the proliferation these days of deception and cheating and the skill of some people in imitating other?s speech and their ability to precisely mimic the voices of others- there is even one of them who can imitate a number of  males and females, young and old and speak in their voices in their different languages, making the listener believe that the speakers are a number of people, and they are not but one person- and bearing in mind the goal of islaamic Law, which is to protect people?s chastity and preserve their honor and prudence therein, more than prudence in contracts of other transactions ? the Permanent Committee considers that no dependence and delegation on telephonic transmissions, in order to attain the objectives of the Islaamic Law and to increase the attention paid to preserving chastity and honor, so that foolish people may not waste their time and those who convince themselves to cheat and deceive.

Fatwa by ? The Permanent Committee
Source ? Fataawa Islamiyyah, Volume 5 , Pg 254




Abu 'Abdullaah Waseem Ahmad ibn 'Abd Al Raheem Alhindee

AbooTasneem
09-05-2004 @ 8:00 AM    Notify Admin about this post
Aboo Dihyah Dawud Adib (Philadelphia, PA U.S.A.)
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Posts: 265
Joined: Sep 2002
          
Question:

I want to get married to a girl whose father is in another country, and at present I cannot travel there for us to meet and do the marriage contract, because of my financial situation and other reasons. I am living in a foreign country. Is it permissible for me to call her father on the phone so that he can say to me, "I marry my daughter so and so to you," and I can say, "I accept," with the girl?s consent and with two Muslim witnesses listening to what is said by means of loudspeakers attached to the phone? Would this be considered a valid marriage contract in sharee'ah?

This question was put to the Muftee of our time, al-Allaamah Shaikh Abdul Azeez bin Baaz, may Allaah have mercy on him who answered that if what is mentioned in the question is correct, then it fulfils the purpose of meeting the conditions for nikaah, and the marriage contract is valid.

And Allaah knows best.

Dawud Adib the son of David C.White Sr.

وقال شيخ الإسلام ابن تيمية :" الراد على أهل البدع مجاهد"

abu.naimah.shamsuddi
09-05-2004 @ 4:44 PM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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Posts: 132
Joined: Dec 2002
          
Wa alaikum salam wa rahmatullahi wa barakatuh;

Yaa Abu Tasneem! Jazakallahu khair my dear brother and was nice hearing you with the information you shared.

Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA

Jilbaab
09-05-2004 @ 7:05 PM    Notify Admin about this post
unspecified unspecified (unspecified)
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Posts: 82
Joined: Sep 2002
          
The Ruling on Contracting a Marriage by Telephone

Question:  If the pillars and conditions of marriage are fulfilled, except that the guardian and the groom are in different countries, is it permissible to contract the marriage by telephone or not?

Answer:  Bearing in mind the proliferation these days of deception and cheating and the skill of some people in imitating others? speech and their ability to precisely mimic the voices of others ? there is even one of them who can imitate a number of males and females, young and old and speak in their voices and in their different languages, making the listener believe that the speakers are a number of people, and they are not but one person ? and bearing in mind the goal of the Islamic Law, which is to protect people?s chastity and preserve their honor and prudence therein, more than prudence in contracts of others that no dependence be placed in marriage contracts regarding consent, acceptance and delegation on telephonic transmissions, in order to attain the objectives of the Islamic Law and to increase the attention paid to preserving chastity and honor, so that foolish people may not waste their time and those who convince themselves to cheat and deceive.

The Permanent Committee
Fatawa Islamiyah (Vol. 5, p. 253-254)

______________________________
ام خديجة شهيدة
Umm Khadijah Shahidah

abu.naimah.shamsuddi
09-06-2004 @ 12:42 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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Posts: 132
Joined: Dec 2002
          
WA alaikum salam wa rahmatullah;

Tayyib and jazakallahu khair and all of this serves as great information.

This particular situation involved the necessity of valid/sound witnesses there at the location of the male and female, and the consent of the walee
was going be over the phone. But nothing happened in this affair because many things were missing [i.e. one, was a request for STD test results], masha'allah. One benefit has been the sharing of knowledge, al-Hamdulillah, and some good Salafi brothers & sisters had an opportunity to meet and discuss/share other 'ilm from the Ulamaa.

Abu Na'imah Shamsuddin Abdul-Hakim ibn Harold Simmons, Aiken, SC, USA






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