Fatwaa ID: 2013
I had a question related to nikah. I’ve heard that nikah and divorce even though done jokingly has its existence and it is to be accepted!
My problem revolves around this issue..
Around 4 years back a boy and a girl liked each other around 12-13 years of age. They were in a group chat with another 2 boys and 2 girls (all of us knew each other and we were actively chatting at that time) all of us had hit puberty or reached maturity (wherever fits best).
So a boy in the group texted along with some dua asking the girl first if she agrees on marrying the boy (taking their names respectively) and she answered with qubool hai and the same happened with the boy. The rest of the 2 girls and a boy witnessing the whole conversation simultaneously knowing who’s being asked about whom.
That girl and that boy are still together having the intentions of marrying each other and boy have spoken about his intentions of marrying that girl to his parents.
What is the ruling on this situation?
Both of them follow HANAFI MASLAK
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
In principle, a nikaah takes place with the eejaab (proposal) of either of the potential spouses and the qabool (acceptance) from the other potential spouse in the physical presence of two adult male or one male and two female witnesses in the same gathering. The condition of physical presence is not fulfilled in a nikaah conducted through a virtual group chat. Accordingly, the nikaah in the enquired situation was invalid. The two individuals in question are not married. They must refrain from all forms of physical interactions as well as unrestricted communications until they actually get married.
We wish to point out that it is not appropriate for mature teenagers and adults who are non-mahrams to each other to have unrestricted conversations and interactions even if it is virtually. The Shari’ah has attempted to close all doors that lead to sin. The shaytaan whispers and incites people in such situations until they fall into haraam. Istighfaar should be made for the above as well.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
06/20/1445 AH – 01/03/2024 CE
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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