Is a Nikah Ceremony (Marriage) Over a Voice Recording Valid?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

One couple that I know of did Nikah online but without any guardians with two witnesses over WhatsApp chat where they all made the group along with the witness being from the guy’s side, and the offer and acceptance didn’t happen properly. The guy said I propose to you for marriage, and the girl accepted over voice recordings. This conversation occurred in the group, not even a phone call, and the witness didn’t know the girl properly. Later, after some days, the guy gave her a 30k dowry.

Would the nikah be valid? I’m just curious about that. She told me that in Hanafi fiqh, it is allowed, so I just wanted to know about it. Also, I read that the witness needs to be known and of good character, but she means my friend doesn’t know them.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

A Nikah conducted via WhatsApp voice recording is invalid in the above case. There was no presence of two male witnesses or one male and two female witnesses. Everyone was absent.

Marriage is concluded and contracted with the offer and acceptance in the presence of two male witnesses or one male and two female witnesses. [Ibn ‘Abidin, Radd al-Muhtar; al-Lubab fi Sharh al-Kitab]

The couple should perform another nikah again after consultation with a scholar and with all the conditions present as soon as possible.

I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.