Is Marriage Over Zoom-Phone Valid

Muhammad ibn Adam al-Kawthari


Channel: Muhammad ibn Adam al-Kawthari

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Bismillah your Walkman you're walking

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Bismillah Alhamdulillah wa Salatu was Salam ala Rasulillah overread respected brothers and sisters salam Wa alaykum Warahmatullahi Wabarakatuh.

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I would like to discuss with you today a very important issue that I've been asked about recently from many people have been asking, which is what is the Islamic ruling on conducting and carrying out marriages and nigger over zoom online, over the phone, etc. And I felt that a lot of people have misunderstood or they've not really understood what an HCA is Islamically and how an HCA takes place.

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There are people who because of lockdown, etc, and the COVID situation, they've been asking whether you can do any go online, so the brothers in one country, the sister is in another country,

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the witnesses are in another country, etc, etc. So there's a lot of people who a lot of people are asking about in marriages online, on zoom on phone, etc. So I want to explain briefly, how a Decart takes place and what are the basic requirements of any gar and what I will discuss inshallah will be mainly based on the Hanafi school of thought, but it's more or less same in other methods as well with slight differences in some, you know, side issues. So there might be some differences which should be checked in other mother had been shot longtime.

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So what is a marriage? Nikka? And how does a marriage take place in Islam?

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To be honest, marriage, a nigga is a very simple affair, it takes place very easily, like in a matter of few seconds, five seconds it takes to get married. Like I always say Nikka and Bullock, marriage and divorce both take place really, really quickly and very easily divorced, allow a man says to his wife, he has divorced her, it took two seconds, I have divorced, you took two seconds, he's saying to his wife, I have divorced you in two seconds, but up to place marriage ended. Likewise, Nicola has Well, there's only two statements, you have a statement of what we call an offer a job. And the statement of Kaboul which is acceptance. So you have these two statements

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literally takes about five seconds. So everything else around it is actually a Sunday or Monday job or recommended like walima, etc. So how does the Nicca take place takes place. The basic requirements for a valid marriage in Islam are the following. You have two statements a statement of offer in Arabic we termed that as a job.

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And you have a statement of Abul

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acceptance. So the statement is a statement of offer is basically, for example, a woman saying I have given myself to you in marriage. That's a statement of offer. And the corresponding statement is called the statement of Obul. Acceptance, the man says, I have accepted you in my marriage. So there's these two statements. I'm not saying people right now, two statements, the statement of offer a job and the statement of COBOL acceptance. Both of these two statements take place, physically in a session gathering in the presence of two male witnesses, Muslim male witnesses, or one male and two female witnesses.

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So, the offer and acceptance physically in a gathering in the presence of two witnesses. Now, the reason why I said the two statements are not two people because this E job and abou list these statements of offer an acceptance can be carried out by the two people who are marrying themselves or someone else on the behalf. So the offer a job from the female herself, or her Willie guardian, or a will keep someone who she appointed as an agent to pronounce that offer on her behalf.

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And acceptance, which will be from the male.

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It could be male or female. Anyone could make any of the two statements so the statement of offer could be male, female, and the statement of Babu could be male female. But let's say in the scenario, which normally takes place that the statement of offer is from the female, so it could be the female herself, or her representative or her guardian and the statement of

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acceptance abou could be from the, you know, the groom, the man, the male who's marrying himself, or it could be his agent or his family or someone on his behalf. So basically, for a marriage to be valid, you need at least four people, four people in one gathering physically not online, you need at least four people, the two people who are getting married, not necessarily be there. But you need four people, at least in that room physically not on Zoom. So those four people will be the two witnesses. So if it's two male, Muslim, male witnesses, are physically there, right. And there's two other people who are the other two people, it could be the two people who are marrying. So you've

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got the bride and the groom, the man and the woman who are marrying, and the two witnesses, all four of them sitting in this room. Okay. The female says, I have given myself to you in marriage, and the man is saying, I have accepted you in my marriage. And the two witnesses understand and here, nigga has done that's it. That's the basic requirement of marriage. As soon as that takes place, it takes seven seconds, the two witnesses are sitting, hearing understanding, they can understand what they are seeing clearly. And they know the two people who are getting married. And the woman says to the man, I have given myself to in marriage, and he says, I have accepted you in my marriage, that took

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five seconds, and you got his valid done in five seconds. So you have those four people physically, or, like I said, you have to have four people minimum. So you've got the two witnesses. But instead of the two people who are marrying, being physically there, one of them is there, the man is there. The groom is there. But the bride the female, the woman, she's not there physically, rather, her representative, or her Wilkie or her agent, Willie will kill someone on her behalf, whom she has given permission is that you still need four people minimum. So for example, her father, likely many times in the masjid, what happens is that the woman, many masjid, the woman doesn't come to the

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marriage ceremony. Her father, uncle, her Willie, her guardian, someone on her behalf, whom she has given clear explicit permission

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will be there. And he will utter the statement of offer the job on her behalf so that your mind will ask that look, have you got permission from your daughter, from your sister from your knees, etc? Has she given you permission to marry her off to this man who's sitting here? He says, Yes, I have got permission, and I give her in the marriage of this man. So he's making the statement of offerings on her behalf? How did she give him permission? Well, it doesn't have to be in person, as long as they know each other. She could give him permission physically in person or over the phone. Like, for example, her uncle is in London, and she phones from one city. So look, okay, can you

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please give you permission, you can marry me off to that man who is there in London,

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or she can write or email or whatever that doesn't have to be the permission doesn't have to be given physically. And you don't have to have witnesses on that. It's good to have witnesses, it's recommended, but it's not necessary, per se. So in that gathering, you'll have the two witnesses, the man getting married himself.

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And the representative, who we call the Joaquin, if it's a representative will kill if it's the Guardian, then we call that with Guardian Willie is there in the gallery. And sometimes, even the man who's getting married is not there. So the bride and the groom are not physically there. Rather, both of them have sent a volley guardian or representative, you still need four people physically in the gathering in the room. So you've got the father of the boy and the father of the girl and the two witnesses. So the girl's father, okay, The Guardian, The girl's father says, I give my daughter in the marriage of your son. And the father of the boy says, I accept this marriage on behalf of my

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son, and I accept your daughter in the marriage of my son. I have accepted now, the boy and the girl well one of them's in Japan and the other one is Botswana doing something else but they've been married off by their fathers but remember of course if they've given permission, the both Founding Fathers the Gulf on the Father, I'm too busy and somewhere Okay, please, tomorrow you can get my marriage done. And the boy tells his father that I am too busy doing something as well how on hold they're both not together, but they're in different parts of the world. And can you get my marriage done tomorrow inshallah. The two fathers go physically as long as four people are there physically

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because is done you just need the job. So in summary, II job from one

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party whether it's the person marrying themselves, or someone on their behalf, and the Babu acceptance by the other party, whether it's the person marrying themselves or someone else on their behalf. This Aegir Kaboul is audible. It's loud. It's done physically, in the presence of two Muslim male witnesses, or one male and two female witnesses. And when that happens, the Nica is considered to be valid. And

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now, everything else besides that you don't really need an imam. I mean, it's good to have an imam. But Islamically an imam is not necessarily because Islam doesn't consider marriage to be like, you're gonna get blessed. This is not baptism or anything like that. I mean, it's good to have any Imam so that at least they know some rules about marriage and they have knowledge about Islam, and they might give some mercy hamdulillah but if you've learned about marriage yourself, then you don't really need an imam. What the imam is reading is a hot buy. It's called the hot button. Hajah. It's called a sermon of the messenger Salallahu Alaihe Salam recited, which is sunnah. So the Imam would

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recite that So if, for example, out of the four people, you bring a fifth person who's an Imam, fine, but even if you don't, any one of the four people could just recite the hotbar. So the father of the girl could just say, You know what, Okay, you go ahead, okay, I'll go ahead and he recited the hotbar. Anyone could recite the hotbar, the father of the boy could just recite the hotbar. The sermon for Baraka purposes in which the messenger sallallahu alayhi. wasallam, recited the three verses of God consciousness to remind people at the time of marriage to fear Allah subhanaw taala. They recited their chutzpah as a form of Baraka blessings and that sunnah. And then these two

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statements, the statement of offer the statement of Kabul, Egypt, Kabul were uttered, the two witnesses heard remember, the two and witnesses need to clearly they need to be first of all Muslim and they need to be either two males or one male and two females and number three, they need to clearly hear

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clearly hear understand the language imagine the Two Witnesses don't understand English, they only understand Chinese and these guys are making the offer and acceptance in English marriage is not valid. So they need to understand and they need to understand that a marriage is taking place, you know, they know that okay, this is a marriage and these two people are getting married and they can clearly hear. So if that takes place, and marriage is valid. So this shows that you know this online and zoom and this kind of marriage is not valid Islamically it will not be considered to be a marriage. So we have an easy option look, you know, marriage over the phone or if you want to get

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married to somebody who is in another country. So say for example, that the sister the girl is in the UK, she wants to marry someone who's in America now rather than go online on Zoom and he's sitting there and says okay, you know, and the Imam isn't you know, some people do this the one the Imam is in some are in Bahrain. Okay, some chef imam in Bahrain higher Kamala, the brother is in America. The sister is in the UK want witnesses in South Africa and other witnesses in Indonesia? Okay, five people on Zoom conference calling? Okay. They Mama said hamdulillah Muhammad, who was the owner who just looked upon as an Arab Imam, mashallah, who say Okay, sister, auntie, can you please

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say the hijab? She says yes, I give myself to in marriage to the brother in America, the brother in American saying, I accept you in my marriage. And the one witnesses saying well, Erica Allah, Masha, Allah blue Pablo from South Africa. Another one, Indonesia is saying Mubarak Mubarak, and I've heard five people in five different parts of the world that marriage Islamically is invalid. I mean, you want to get married like that. I mean, you're not going to meet any, you know, but if you start talking and flirting anyway over the phone that's going to be haram. And if you meet the Xena, so these five people in different parts of the world, nobody is physically anywhere you need four

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people physically. Now, you might ask that how can this system then get married to that brother who's in America, because I want to talk to him, I now want to like message him and you know, have a intimate conversation with him before I meet him in about five months time. So it's very simple, it's easy. What you do is you're a sister in the UK. And what you do is you just make a point an agent in America where the brother is, you could just call a friend or a relative or someone that you know, personally properly, they know you properly. Remember, they need to know you properly. And the witnesses also need to know you. And you know, they don't need to know you like from your whole

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past history from your young age, but they need to kind of know your name and your surname and where you live and your parents name and your father and some say even your grandfather's name. So even though they've never talked to you, so you can just appoint somebody, an agent there. And that person will sit with the two witnesses and with the brother physically in a room in Chicago, in California, in Toronto, wherever in America, and Courier Danica, and then just tell you that if you want to hear in, if you wanted we could just put that

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that whole session online for you on Zoom, and you could just witness it, and marriages done. You might say, I don't know anybody who can appoint? Well, you can actually even appoint the person you're getting married to as your agent, that's also permissible. So, you know, when I said that you need minimum four people in a gathering, actually, it's good not to but this is like a ruling, which I don't people shouldn't abuse, but you can technically technically get away with three people in the gallery. So basically, your sister and you want to get married to somebody in America, you phone him or you right, it's always good to do it in writing, right mechanize no email, I such and such,

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daughter have such and such grandfather's name such and such, this is my address, this is who I am, this is my age, this is my background, write a bit about yourself, I give brother such and such His name is such and such, etc, living in this country address etc. Give him permission to marry me off to him. So I am making him an agent to marry me off to him, sign it, if you can have two witnesses here, you don't necessarily need them. But if you get two witnesses to sign as well, so it's good, but you're not, it's not necessary. And you send that email, that brother will not unzoom he will print it out and physically take that letter, okay. And then he'll get two brothers, and he'll sit

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down in a gathering. Now there's three people in that room physically, he will say, explain to them, those two witnesses will need to know him and they will need to know you, but he will explain to them and you will give you a details on the letter anyway, they might actually talk to you on the phone, you could actually talk to them on the phone as well and just tell them who you are. So basically, they get an understanding of who you are, because they need to the witnesses need to know who you are. And then that man who you're married to, will make both statements. So like one person is doing two things. So first, he will become you like his, his, you know, making the offer on your

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behalf. So he will say, I'm reading out the sister who wants to marry me her statement, and she has given me permission, she's saying that I give you permission to marry myself off to you in front of the witnesses. This is her statement, this is his or her side. So he's made the statement of offer on your behalf, you are the sister in the UK and then he will make his statement that I have accepted this system in my marriage in the presence of two witnesses physically that Nikka and marriage has done. So this is very simple, basically. So this is how a marriage takes place in Islam. So therefore the solutions and you don't need to do it on Zoom or on font on the phone, etc,

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etc. Inshallah Tada. I hope this people have understood. May Allah Subhana Allah grant us an understanding of Deen wa salam aleikum wa rahmatullah wa barakato.