Question
Me and my husband did our nikah over the phone. According to my husband he had two witnesses and a Maulana with him by somebody’s house although I didn’t see them as I was in another town without any witness or anybody at the time the nikah was made. So, I want to know if the nikah is valid or should we redo a proper nikah as I heard from few people the nikah over a phone is not valid.
Answer
Nikaah over the phone is not valid, based on the fact that both parties or their representatives are required to physically be present at the nikaah.
Since neither you were present, nor was there anyone representing you present, the Nikaah is deemed invalid. Hence, it should be redone in accordance to the correct Shar’i method.
For the Nikaah to be valid, you will be required to appoint someone to represent you at the Nikaah, which will be conducted in the presence of your future husband and two witnesses.
The appointment of your representative could be done telephonically, thereby eliminating the need for you to be present in the same city.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
فتاوى محمودية 225:16
فتاوى عثمانية 32:5
كتاب النوازل 76:8