26th July 2016
السلام عليكم و رحمة الله و بركاته
Question: If a Nikāh was conducted over the phone without either of the parties being physically present in the same session, is the Nikāh valid?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your query about performing Nikāh over the phone, the necessary condition for the validity of Nikāh is that all the members; bride, the groom (or representative), witnesses and the Imām must be physically present in the same session. Nikāh being conducted over the phone suggests that all members were not physically present in the same session. Therefore, Islamically the Nikāh conducted in this manner is not valid.
It must be noted that if they consummated assuming that the Nikāh was valid then she must observe a waiting period of three menstrual cycles. This is to clear her womb before she decides to marry someone else. If no consummation took place then no waiting period is to be observed.
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department