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Old 10-28-2008
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Nikah on phone

i want to ask some serious matter and i am very confused about this matter,

if that possible that if one boy and girl talk on phone and they both nikah on phone like this that both recite first 3 kalma of islam then ask 3 times from both that are you willing to marry with ............ son of ............. Haq meher 3 pakistani rupee,so same like girl name and father name and 3 times said both of us.so can you tell me that now we got Nikah or not?

i shall wait your reply

thanks
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Old 10-29-2008
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Re: Nikah on phone

No its not permissable. For nikah u need 2 witnesses and the guardian of the gal. Just reciting 1st 3 kalima does not make it happen.

Maulana Taqi Usmani i heard long ago gave concise fatwa
Quote:
Nikah (marriage) cannot take place on telephone, because it is a necessary condition for a valid contract of marriage that at least two witnesses should be present at the time of mariage and should witness both offer and acceptance. This necessary condition cannot be fulfilled in a telephone conversation.

However, if A wants to marry B without both being present at one place, he can authorize any one of his friends or relatives living in Karachi to contract his marriage and appoint him his agent to pronounce offer or acceptance on his behalf. If, for example he selects C to be his agent for this purpose, he should authorize him in the following words :

"I authorize you to contract my marriage with B, daughter of D, on a sum of....as dower."

Then, at the time of marriage ceremony in presence of at least two male witnesses, the girl may pronounce her offer saying "I married A, son of E on a sum of....as dower." If there is a Qadi or a Nikah Khwan duly authorized by the girl, he can also pronounce offer in the following words:

"I gave B, daughter of D in marriage with A, son of E on the sum of....as dower."

C, the agent of A, will say in reply, "I accepted this marriage on behalf of A."

The offer can also be initiated by C as an agent of A. In this case he will address B in the following words:

"Being a duly authorized agent of A, I marry A, son of E, to you on a sum of.....as dower."

In this case B will reply, "I accepted this marriage." In both cases, it will be a valid contract between A and B, whereafter they will be treated as husband and wife duly wedded to each other according to Shariah.
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