Is Nikah Valid via Conference Video Call?

Answered by Shaykh Abdul-Rahim Reasat

Question

Three years back, My cousin married my husband on video call. They are all Hanafi. My husband, two adult male cousins who acted as witnesses, and the bride, all four, were at separate physical locations, connected via conference video call. My husband read the nikah, and the offer and acceptance were done in one sitting.

Both the bride and the groom, and the witnesses can testify to hearing the offer and acceptance. They consummated, and the Mehr will be given soon. But neither of their parents are aware of their nikah yet. They had the intention of disclosing their marriage after convincing everyone.

Questions are being asked that at least one party needs to be present physically with the other to constitute a majlis. Please guide me. Is this nikah valid? If it’s not, is khul‘ necessary for separation, or will they be considered strangers and khul‘ not required if they don’t wish to redo the nikah?

Answer

I pray you are well.

The Majlis

A majlis does not necessarily mean that all parties are physically present in one place. There are certain rulings in situations where the two parties are not physically present, but the communication is given the ruling of the same majlis. An example of this would be a sale via a letter.

Therefore, for this situation, what is of importance is that everyone knew what was going on and that the witnesses heard the offer and acceptance.

Suitability In Marriage

Certain criteria for marriage govern whether the marriage is valid if conducted without parental knowledge. The groom has to have a level of religious practice that is similar to hers; he has to be able to properly provide for her, and he has to have a profession that will not be looked down upon by people in her social class. Also, the mahr has to be an appropriate amount that her family would be happy with.

If the conditions of suitability are not fulfilled, the marriage will not take place. The contact is null. This is why it is important to have parental involvement in a marriage. Otherwise, it can lead to family ties being severed.

Considering the Wishes of Parents

Many a time, parents of people in this situation feel betrayed and deeply hurt. This is far from the Quranic injunction, “and treat your parents with excellence.” [Quran, 2:83]

Parents should always be consulted and involved in the process of getting married. They are, after all, the parents: the people who raised the people in question.

The only time one could consider leaving them out is if they were to prevent someone from marrying by way of wronging them. This is in situations where they do not make decisions that are in the best interest of their children, or when they are incapable of doing so. [Maydani, al-Lubab, Laknawi, ‘Umdat al-Ri‘aya)

In your case, if there was suitability, then the marriage would have been valid. Otherwise, not. If it weren’t, then it would be like them not having got married in the first place.

I hope that helps.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008, he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital, and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.