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is it considered as a legitimate nikah?

Question date:   7th July 2006
From:   bin mohammed
Short URL:   http://qa.muftisays.com?2082
Notes:   No Notes
Question ID:   2082
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salamwalaikum.I was told by a local ulama that marriage done on da fone(saying to her that i am marrying you and in reply she says i am marrying you too)is valid.The honorable aalim quoted a hadith to the effect that huzoor (saw)said 3things done jokingly and seriously are taken seriously.1 of them was nikaah..please elaborate

Answer

Ulamaa
Ulamaa ID 04

Answer last updated on:
9th March 2008
Answered by: Ulamaa ID 04

Website
Location: London

Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah's guidance)


Firstly, Nikah on the phone is not valid. Also, it is a condition for the validity of marriage that the witnesses be present in the same place the marriage offer and acceptance take place.

However, in a normal situation, if in mock or unintentionally a Shar'i Nikaah was performed where there was an offer and acceptance from both parties in the presence of two adult sane Muslim male witnesses or one such male and two such females then such a Nikaah will take place.


And Only Allah Ta'ala Knows Best.

--------------------------------------
Moulana Qamruz Zaman
London, UK

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