Questions Marriage and family

Is an online nikah valid?

Pending review by our scholars

Short answer

Not directly, in the Hanafi school. A nikah over a video or phone call is not valid because the bride, groom and witnesses are not in one sitting. The accepted way is for the absent person to appoint an agent (wakil) by phone, message or video, and the agent then does the nikah in person in front of two witnesses.

Hanafi position

The ijab and qabul must happen in one sitting (majlis) with two witnesses hearing both sides. A video or phone call does not create one sitting, so the leading Hanafi fatwa bodies hold such a nikah invalid. Appointing a wakil (agent) remotely is valid, and the wakil then concludes the nikah in a physical gathering.

The four schools agree on this.

Explanation

This is a modern question, so the answer comes from applying the classical conditions. A nikah needs the offer and acceptance in one sitting, and the witnesses must hear both together. On a video call the bride, the groom and the witnesses are in different places. Voices can be faked, calls drop and witnesses cannot be sure who is speaking. For these reasons Hanafi fatwa bodies in the subcontinent and the UK hold that a nikah concluded directly on Zoom, WhatsApp or the phone is not valid.

The solution is easy and accepted by all four schools:

  1. The person who cannot attend (say, the groom in the US) appoints someone at the venue as his wakil, for example a brother or the imam. He can do this by phone, video, email or a signed letter, naming the bride and the mahr.
  2. At the venue, with two witnesses present who know about the appointment, the wakil says, "I accept the nikah of this woman for my client, so and so, for this mahr."
  3. The other side can watch on video if they wish. The nikah is made by what happens in the room.

The Hanafi books also allow a nikah by letter: the groom writes a proposal, and the bride reads it out before two witnesses and accepts there. Scholars of the other schools largely take the same cautious view of video calls, and the International Islamic Fiqh Academy excluded nikah from the contracts it allowed over phone and similar means, because of the witnessing requirement. If you already did a nikah online, ask a mufti whether to renew it through a wakil. For the full process see our nikah guide.

Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.

The evidence

Quran, Surah An-Nisaa 4:21

وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍۢ وَأَخَذْنَ مِنكُم مِّيثَٰقًا غَلِيظًۭا ﴿٢١﴾

And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?

Because nikah is a solemn covenant, its conditions are kept with care.

Quran 4:21, translation by Sahih International

Sahih al-Bukhari 5136

Sahih

... لا تنكح الأيم حتى تستأمر ولا تنكح البكر حتى تستأذن ...

"A previously married woman is not married off until she is consulted, and a virgin is not married off until her permission is sought."

Another person may conclude the nikah on someone's behalf with their permission, which is the basis of wakalah.

Sahih al-Bukhari 5136 · Sahih · Read on sunnah.com

Where the ruling is recorded

  • Radd al-Muhtar (Ibn Abidin), Kitab al-Nikah, on the one sitting condition and nikah by letter. Ijab and qabul must be in one sitting, and witnesses must hear both; a letter read before witnesses is allowed.
  • al-Hidaya, Kitab al-Nikah, Fasl fi al-Wakalah bi al-Nikah. A nikah may be concluded through an agent.

This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.