Is a Nikah Valid If Done via Text or Voice Note Without Clear Consent or Witnesses?
Answered by Ustadh Sufyan Qufi
Question
If a nikah occurred over text or voice note without clear memory of consent, known witnesses, or contact with the person, is it valid, and is it necessary to seek a divorce? What should be done if the person cannot be found?
Answer
In the name of Allah, Most Compassionate, Most Merciful,
No, this marriage is not valid because consent and the presence of witnesses are needed. Thus, no divorce is needed to end it as it doesn’t exist in the first place. [Quduri, Mukhtassar]
If there is doubt about the presence of those elements, then we have to go back to the default situation in this case, which is their absence.
This is based on the following legal principle: “The basis when it comes to temporal events is absence.” [Majalla]
This principle is based on the following verse of the Qur’an: Allah, Most High, has said: “Most of them follow nothing but conjectures. Surely, conjectures are of no avail in the matter of truth at all.” [Quran, 10:36]
And Allah knows best.
[Ustadh] Sufyan Qufi
Checked and Approved by Shaykh Abdul-Rahim Reasat
Ustadh Sufyan Qufi is an advanced seeker of knowledge, originally from Algeria, who grew up in France. He began searching for ways to learn Islam reliably and was disappointed at the answers he found locally.
Then he connected with various traditional teachers and gradually connected with SeekersGuidance. He embarked on his journey of learning through the various teachers at SeekersGuidance, including his mentor Shaykh Faraz Rabbani.
He studied numerous texts in Islamic Law, Theology, Hadith, and other areas with Shaykh Faraz Rabbani and other teachers, including Shaykh Abdurrahman al-Sha‘ar, Shaykh Ali Hani, and others.
He is an active instructor at SeekersGuidance and answers questions through the SeekersGuidance Answers Service.
