Marriage between persons in different countries

Question

Assalamu Alaykum wa Rahmatullahi wa Barakatu Honourable Maulana I am in RSA and the person I want to marry is in Saudi Arabia. According to the legal system there I can only marry him if I have obtained iqama (residency). Is it possible for the nikah to be performed while he is in KSA and I am in RSA (in different countries while the nikah is performed). Please advise JazakAllah Khair
السلام عليكم ورحمة الله وبركاته
  1. Scholars differ on the validity of marriage contracted over means of communication in which the contracting parties are not physically present in the same place, such as the telephone, Skype etc. The view we take is that marriage thus contracted is invalid.
  2. The alternative to using these means of communication is to separate the tawkīl from the nikāḥ
  3. The tawkīl is the process whereby a person, who may in this instance be the bridegroom or the bride’s walī (i.e. her father, brother etc), appoints another person to act as his representative (wakīl) in contracting the marriage.
  4. The appointment as representative may take place over the telephone or via Skype.
  5. The person appointed as representative should ideally be located in the same place as the other party to the marriage so as to conduct a marriage ceremony in which both parties are physically present.
  6. Care should be taken to ensure that if the tawkīl comes from your side in this matter (i.e. if your family are going to appoint someone to be their representative to conclude the marriage in Saudi Arabia), it would be your walī who appoints the wakīl. Your walī would be your father in the first instance. In the absence of your father it would be your grandfather, and in his absence, your brother, and thereafter your paternal uncle.
  7. The converse option, whereby the prospective bridegroom in Saudi Arabia appoints someone as his representative in South Africa, is also possible. In this case he would directly appoint a representative, and not through the agency of a family member.

والله تعالى أعلم

And Allah knows best.

Date of Issuance
2017-01-19
MJC (SA)

Other Fatwa

Children

Stepfather and Rights of Biological Father

السلام عليكم ورحمة الله وبركاته   1. When a man marries a woman who already …

Read More →
Mufti Abdurragmaan Khan

Selling Property to a Church

السلام عليكم ورحمة الله وبركاته   1. There is a consensus that it is not …

Read More →
Fasting

An Explanation on Fitrah and Fidyah calculation

السلام عليكم ورحمة الله وبركاته 1. The Ḥanafī School is the only school that permits …

Read More →
Children

Rights of Custody

السلام عليكم ورحمة الله وبركاته   1. The rights to the custody of a child …

Read More →
Mufti Abdurragmaan Khan

The Cast, Tayammum and Repeating Salah

 السلام عليكم ورحمة الله وبركاته   1. The Shafi’i school’s stance regarding the above query …

Read More →
Inheritance

Inheritance of land expropriation compensation

السلام عليكم ورحمة الله وبركاته   1. Compensation for land expropriation forms part of the …

Read More →
Fasting

Can I Break a Qada Fast?

السلام عليكم ورحمة الله وبركاته   1. Once someone has made the intention for an …

Read More →
Marriage

Shaping eyebrows & eyelash extensions

السلام عليكم ورحمة الله وبركاته   1. Opinions differ around the permissibility of removing part …

Read More →
Aqidah

Circumcision for a New Muslim

السلام عليكم ورحمة الله وبركاته   Circumcision is not a prerequisite for an individual to …

Read More →
Children

Ruling on Vasectomy

السلام عليكم ورحمة الله وبركاته   The Shari’ah prohibits any medication or procedure that results …

Read More →
Scroll to Top