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Question ID: 669 Category: Dealings and Transactions
Validity of Nikah

Assalam o Alaikum 

I was married in Pakistan,. This was my second marriage and also his second marriage. Our nikah took place over the phone, I was in Karachi and he was in Lahore. There were no witnesses present between either of us. Maulvi asked over the phone if I accepted the proposal three times I said yes and he performed the nikah over the phone, there was no witness with me when I was answering the maulvi on the phone and I did not appoint any Wakeel on my behalf. I don't know if there were any witnesses on the other side of the phone in Lahore. After that we consummated our marriage but we did not introduce ourselves to any Muslim communities or any two Muslims as husband and wife, except my fourteen years old son and my sick mother who had paralysis. We have been separated, we have no contact or financial support . He remarried. Now my question is, is it our nikah Islamicaly Valid or Not, please answer me, May Allah SWT reward you all Aameen
JazakAllah khair 

الجواب وبالله التوفيق     

The way of conducting Nikah described in your question is شرعاًnot correct. Conducting Nikahthis way, the Nikah did not even take place as for the Nikah to be correct the presence of the witnesses is mandatory and whatever relationship had been between the two that too had been incorrect, repentance from that is necessary.   

      ولا ینعقد نکاح المسلمین الابحضور شاھدین حرین عاقلین بالغین رجلین أو رجل و أمرتین

الھدایہ  کتاب النکاح

واللہ اعلم بالصواب

Answered on: 12 November 2019 | 15 Rabiul-Awal 1441 Answer By: Mufti Mohammed Hameed ur Rahman Hamid Checked By: Mufti Mohammed Navalur Rahman