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Fatwa CenterMarriage and divorce via the Internet
Question
What is the Islamic rule regarding Nikaah and divorce through Internet provided the bride and groom were staying two countries. If a marriage through Internet is valid or not? The presence of bride and groom is essential (face to face) for Nikaah?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is not clear to us what do you mean by marrying through the Internet. If you mean conducting a marriage contract between the bridegroom or his agent on one side and the guardian of the bride on the other side through the Internet, then this marriage is not correct, as it does not meet the conditions of a correct marriage. It is a condition for the bridegroom or his agent and the guardian of the wife or his agent to be present in one meeting for the marriage contract to be valid, but it is not a condition that the bridegroom and the bride necessarily be present in one meeting.
Therefore, if one party (of the two parties of the contract) is absent, they can appoint an agent to act on their behalf in this contract, and in this way the contract will be valid if it meets the other conditions of a correct contract, like the presence of the two witnesses for instance. However, if you mean the agreement of the bridegroom and the bride to marry without the presence of her guardian then this is not correct, whether it is through the Internet or directly, because the guardian is a condition for the validity of the contract.
As regards divorce through the Internet, if the word divorce is written without uttering it then divorce does not take place unless the husband intends it according to the most preponderant opinion of the scholars
but if writing the word divorce is accompanied with the pronouncement of the word or with intention then divorce takes effect.
Allaah knows best.
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