Is it permissible to conduct a marriage contract via internet camera, taking into consideration the condition of the unity of the مجلس (gathering/assembly)?
"Offer and acceptance" are pillars of a marriage contract (nikah), and it is required that they occur in a single gathering. Witnessing is also necessary for the validity of the nikah.
Scholars have differed on the permissibility of conducting a marriage contract through modern means like phone and internet: - The Islamic Fiqh Academy: Prohibits marriage via these means due to the requirement of witnessing. - The Permanent Committee for Issuing Fatwas: Prohibited it as a precautionary measure to safeguard chastity and honor from deception, fraud, and voice falsification. - Shaykh Ibn Baz: Permitted marriage via phone and internet if manipulation is secure, the identity of the husband and guardian is verified, and the two witnesses hear the offer and acceptance.
The more apparent opinion is the permissibility of conducting a marriage contract via phone and internet if manipulation is secure, the identity of the husband and guardian is verified, and the two witnesses hear the offer and acceptance. Simultaneous phone or internet communication between the two parties is considered equivalent to a single gathering. For safety, it is permissible to appoint an agent to conduct the contract in the presence of two witnesses.
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- Original fatwa ID
- 6041
- Imported
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- Source text, unreviewed
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