The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 21 No 01, p.3

A Nikah was performed over a cell phone.

Question

A Nikah was performed over a cell phone. Is the Nikah valid?

Answer

The Nikah which is performed telephonically is not valid. The witnesses do not hear the Ijaab (Proposal) and Qubool (Acceptance) in the same majlis (session/venue). The Ijaab is stated in one part of the world while the Qubool takes place in a different part of the world thousands of miles away. Furthermore, the witnesses sitting thousands of miles away have no certitude regarding the person who is stating the Ijaab/Qubool on the other side. It is quite possible for unscrupulous modernists, or persons bereft of Deeni conscience to play the Ijaab/ Qubool from a cassette/recorded player.

The brother who has 'performed' 'nikah' in this manner should ponder on the gravity of the matter. It is a matter of living in zina and producing illegitimate children. It will take only five minutes to perform a proper Nikah. He requires only two witnesses to listen to the Ijaab and Qubool. Caution demands that he again performs the Nikah.

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The Majlis Vol 21 No 01
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