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Will a virtual Nikah performed over video call be valid?

 

Nasihah (Advice): Spouses helping each other pray at night

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Nabi Sallallahu Alayhi Wasallam said: “May Allah have mercy on a man who stands at night to pray and wakes his wife to pray. If she refuses, he sprinkles water on her face. May Allah have mercy on a wife who stands at night to pray and wakes her husband to pray. If he refuses, she sprinkles water on his face.” (Abu Dawud)

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Question and Answer:

 

  1. Party A wishes to marry Party B. However, they reside in different countries. If they have a virtual Nikah over video call will this be valid?

 

(Question published as received)

 

  1. It is a condition for the Nikah to be valid that both parties and/or their representatives, as well as the witnesses, be present at the meeting in which the Nikah is officiated. Hence, at the place where the Nikah is being conducted, representation from both parties must be present.

 

If only one party is present and the other party is participating in the proceedings over a video call, this will not fulfil the requirement for a valid Nikah.

 

It should be noted that the absent party can appoint a representative to represent them at the Nikah meeting. This will fulfil the requirement for the Nikah to be valid. (Shaami Vol. 3 pg. 21)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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