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nikah validity

Last updated: 8th March 2012
Question ID: #4163
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8th March 2012

asalamalaikum mufti brother in islam i have askeD this question to many mufti's but it seems that i can not get satisfaction i did something supid 10 years ago i did nikah on the phone. I as alone in my room on my mobile and the boy was in his house with a maulvi and two witnesses that i didnt know or see , anyway the boy rang me saying that the maulvi is asking your ijazat.i said ok maulvi said whats your name and asked me to read verses of quran and then asked weather i accepted the boy , stupidly i said yes andthen put phone down next hour boy brings nikahnama for me to sign with 100 pound saying its maher moneythrough the post ,BOY next day came to my house telling my dad that i have done nikah with your daughter when my dad found out he was furious because he didnt know the boy and he said there is no such thing as phone nkah my dad was soo angry and i realised i had made a big mistake HE then took me to pakistan to marry my cousin and now im happy with two children and i thought that phone nikah was not valid until recently i saw some where that it could be valid, I am in shock and depressed i cant look at my kids or husband and they dont know what is the matter with me please let me know the validity of the phone nikah notes i didnt know the maulvi and he didnt know me or see me i didnt know witnesses and they didnt know or seeme .everything happened on phone . the boy said my voice was on speaker phone i was alone in my room i have asked duriluloom deoband a,muftiebrahim desai, sheikh assimul hakim and mufti siraj desai all from outside countries and they said that my phone nikah not valid and that maulvi couldnt be your wakil as i didnt know or see him and that for nikah you have to be in one majlis bur some muftis have said that if i gave ijazat to maulvi that could mean transfer of agency and that maulvi could have been my wakil .as i never really appointed him because i didnt knw him i was assuming he meant that he was about to ask me if i accept this boy please help me and reply soon i am very depressed i cant eat or sleep and on anti depressants i dont want to be doing haram i love my current family ,please tell me if shariah regards that maulvi as my wakil iam getting very scary waswasy i dont know where the boy is now I think he was assylum seeker and got deported to pakistan he was punjabi and i am pathan i am hanafi and i dont know about him, my dad wript nikah nama up

Ulamaa ID 04
Answer last updated on:
15th May 2012
Answered by:
Ulamaa ID 04
Location: London

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

The Nikah is not valid. The reason is:

During the Nikah the offer and acceptance of both the two contractors or their agents, and the witnesses being present there must take place altogether in the same session verbally.

Hence, you wasn't present there. If however, assuming that you had appointed the molvi as your agent to be present there on your behalf then this will be valid.

(Al Hidayah, Book of Nikah, Vol.2 Pg. 206; beirut)

In addition, Both contractors and witnesses must Know the meaning of offer and acceptance in marriage and be aware that marriage is taking place, without this knowledge the marriage is invalid. Hence, if you had no knowledge of the marriage or didn'nt understand the actual meaning of the word 'accept', then the marriage will be invalid.

(Ahsanul Fataawa Vol.5 Pg.40)

And Only Allah Ta'ala Knows Best.