Marriage [Nikah]
Due to lockdown is it allowed to marry online in the Islam?
Question: What is the verdict of the Islamic scholars and noble jurists in this issue:
The male lives in Saudi Arabia. He cannot travel due to lockdown. The female is in India. We want to marry them. Can the marriage take place via mobile or internet? If possible, please answer with a complete method in the light of the Quran and Hadith. It is greatly appreciated.
Questioner: Muhammad Irfan Raza Mustafa, Muradabad in India.
Answer:
With the help of the Almighty King, the Bestower.
Allah’s name be the beginning, the Most Compassionate, the Most Merciful. We convey our praise and peace upon His noble beloved.
In the proposed question, the method of marriage [Nikah] via mobile and internet is that the male makes someone his power of attorney [Wakeel] through a message via mobile, internet or WhatsApp and so on and that this Wakeel here (in India) is establishing his marriage to this female, then this marriage will take place in a lawful Islamic manner.
It is stated in al-Mabsut of Imam al-Sarakhshi,
If the absent person has appointed the Wakeel of the Nikah by letter and he has done the Nikah, then the Nikah is sound.
[al-Mabsut al-Sarakhshi: vol. 1, p. 15. Bab al-Wakala fi al-Nikah]
It is stated in Badai’ al-Sanai’,
In the same way that Nikah is bonded based on the actuality of the words, the Nikah is also bonded by a deputy [naib], wakeel and messenger. Because the disposal of the wakeel is like the disposal of the muakkil (the appointer of the wakeel). And the messenger’s speech is the very speech of the sender.
[Badai’ al-Sanai’: vol. 2, p. 231. Fasl Rukun al-Nikah]
It is stated in al-Fatawa al-Hindiyyah,
It is sound to make a Wakeel for the Nikah, even if there are no witnesses.
[al-Fatawa al-Hindiyyah: 1/294]
Abstract answer:
If the man is in the noble land of the Arabs, then he can make any of his acquaintances his Wakeel of the Nikah by message via fax, WhatsApp, mail or mobile, and that this Wakeel establishes his Nikah with the female, then the Nikah will take place in a lawful Islamic manner. And Allah knows best with rectitude.
Mufti Muhammad Zulfaqar Khan Naimi Kakralwi
Nuri Dar al-Ifta, Madina Masjid Ali Khan Kashipur
9-Shawwal-1442 || 1-Jun-2020
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