Nikah over phone, imam not present
Salam Alaikum. I got married but the imam was not present but he was only present over an audio call.
No written contract was executed either. Everything was decided only between me and the woman over the phone. Her father was not present at any meeting at all because everything happened over the phone between me and the woman only. The first time I meet the father and talked to him was on the same day the marriage was performed, I spoke to her father and he accepted me as her husband, but we did not talk about any agreement. But her father heard the imam tell about her mehr when the marriage was performed. Is this a valid nikah?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Dear brother,
For a nikah to be valid,
1: Ījāb (proposal of nikah), Qabūl (acceptance) taking place in the actual and physical presence of at least two male or one male and two female sane, mature witnesses in the same sitting is necessary. If the presence of both groom and bride in one place is not possible then either the groom or the bride should appoint a representative for themselves in presence of two witnesses who will act as their agent at the venue of nikah.
2: The presence of an imam or the bride’s father or a written marriage contract is not necessary for a Muslim marriage.
3: The procedure adopted for your nikah was not correct. The two of you are still not married.
4: To perform a Shariah compliant nikah that you cannot attend in person then, appoint a representative for yourself in presence of two witnesses and authorize him with these words,
“I authorize you to contract my nikah with x, daughter of y, for the sum of z amount of money… as mahr.”
Your representative will act on your behalf at the nikah venue and say, “Being a duly authorized agent of A , I propose to marry x, daughter of y, to A for z amount of mahr…”
This will make you two husband and wife.
And Allah Ta’ala knows best.