IS IT PERMISSIBLE TO CONTRACT A MARRIAGE ONLINE?

Nowadays, it has become increasingly common for marriage contracts to be conducted via phone or internet, with the bride in one place, the groom in another, and the witnesses elsewhere. How valid is such a marriage according to Sharia?

Contemporary renowned scholars and respected fatwa bodies have studied this issue in detail and responded based on Islamic legal principles. For example, the Iraqi Council of Scholars for Fatwa and Da'wah, as well as prominent scholars such as Wahbah Zuhayli and Mustafa Zarqa, have stated that contracting a marriage online is considered valid as long as there is no risk of deception or disrespect to Sharia (Majallat al-Fiqh al-Islami, 2/867-888).

On the other hand, the Council of Scholars of the Islamic Fiqh Academy, the Permanent Fatwa Committee of the Kingdom of Saudi Arabia, the Council of Scholars of Darul Uloom Islamic University in Pakistan, and many contemporary scholars such as Muhammad Yusuf Bannuri and Shaykh Muhammad Taqi Usmani have issued fatwas that contracting a marriage online is not valid due to the absence of certain Sharia conditions ("Resolutions of the First Session of the Islamic Fiqh Academy", p. 10; "Fatawa Darul Uloom", 3/558; "Fatawa Usmani", 2/204).

Furthermore, scholars of the Hanafi madhhab have long maintained that there are several conditions for the offer (ijab) and acceptance (qabul), one of which is that both parties must be present in the same session (majlis). Alauddin Kasani (may Allah have mercy on him) said regarding this condition:

"Regarding the condition of the place where the marriage contract is conducted, both parties (the bride and groom) must be present in the same session. The offer and acceptance must occur in the same session. If the session is different, the marriage contract is not concluded." (Bada'i al-Sana'i, 2/232).

Alauddin Hasakafi (may Allah have mercy on him) also stated on this matter:

"Another condition for the offer and acceptance is that both parties are present in the same session, in the same place." (Radd al-Muhtar, 4/76).

Ibn Abidin, quoting from al-Bahr al-Ra'iq, adds:

"If the session is different, the marriage contract is not concluded. If one of the parties makes the offer and the other leaves or becomes occupied with something else, the offer becomes void... If the marriage is contracted while riding a horse or walking, it is not valid. However, if both are on the same boat, it is valid, as the boat is considered a single place." (Radd al-Muhtar, 4/76).

When contracting a marriage according to Sharia, both parties and the witnesses must be present in the same session. These conditions indicate that the fatwas declaring online marriages invalid are based on stronger evidence. Moreover, in the current era, there is no guarantee that such marriages will not be used for fraudulent purposes.

Hasan Amankul,

"Munara" newspaper, No. 3, 2020