Is My Online Nikah Valid, and How Can I Seek a Divorce?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
How can I seek a divorce in my situation? I had a Nikah with my cousin via video call in the presence of both families, as he lives abroad. It was an arranged marriage, and we had no prior interaction. Is this Nikah valid?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
It was valid if the person you married was a legally suitable and compatible match and there were two witnesses on either side and the groom said, “I accept the marriage,” upon being offered marriage, then the marriage would be considered conducted.
General Marriage
Marriage is concluded and contracted with the offer and acceptance in the presence of two witnesses, or one male and two female witnesses. It is also permitted that both parties have agents conducting their marriage; hence, both agents will pronounce the offer and acceptance on behalf of the man and woman. [Ibn ‘Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]
Leaving an Unhappy Marriage
If you are unhappy in your marriage and are considering separation, it is important to have an open conversation with your parents and seek guidance from a trusted local Imam. Your parents have nurtured you and believed in your compatibility with your spouse. Therefore, discussing your feelings with them and seeking advice from an Imam can help you find the best way to approach the situation.
Given the considerations in such cases, we urge you to please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayran. May Allah facilitate all ease and good for you.
I would like you to go through the valuable answers and links below. In sha’ Allah you will receive guidance and direction.
Related
- Is It Permissible to Conduct a Marriage via Video-Conference? (seekers.flywheelstaging.com)
- The Elements of Meaningful Marriage Contracts
- Unhappy Marriage Archives
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
