Nikah (Marriage) Without Witnesses?

QUESTION

I knew a boy and we decided to do nikka on phone. But there was no imam or witness present. No meher was paid aftee that. We both knew the nikka was not valid since no witness was present. We did recite everything and also asked each other’s approval 3 times.

Recently I have heard, that nikka without witnesses is ACCEPTABLE in some circumstances. None of our parents or anyone was informed of this before. Is the nikka valid? Please help me I no longer talk to this boy.

ANSWER

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Nikāh is a very important step in one’s life. It requires deep thought and experience. It was therefore inappropriate of you to keep contact with the boy in the pretext of Nikāh.

Nikāh is not valid without witnesses in any circumstance.[1] Furthermore, a marriage conducted over the phone is not valid, as the witnesses must be present at both the ījāb (offer of marriage) and the qubūl (acceptance of marriage).[2]

You should inform your parents about your mistake and seek their guidance in future.

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.


[1]

قال عامة العلماء: إن الشهادة شرط جواز النكاح

بدائع الصنائع، دار الكتب العلمية، ٣:٣٨٩

[↩]

[2]

فتاوى دار العلوم زكريا، زمزم پبلشز، ٣:٥٥٤

 Source

Mawlana Zameelur Rahman

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