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is it considered as a legitimate nikah?

Last updated: 7th July 2006
Question ID: #2082
Short URL: http://qa.muftisays.com/?2082
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bin mohammed
7th July 2006

 
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.