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Thread: can they divorce???

  1. #1
    Administrator _knownothing_'s Avatar
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    Default can they divorce???

    oalikum

    a couple got nikkah on phone ( i don't know it is allowed or not )
    da boy was in usa so they never talk face to face
    but had conversation on net and on phone they realized that they are not made for each other
    their way of thinking is different and all ........so they thought to divorce

    can they go for it or not
    as they hvn't met each other other den phone n net

  2. #2
    Moderator Islami Bhai's Avatar
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    on phone nikah can not take place.
    So no nikah has taken place at all and the divorce is after nikah.

  3. #3
    Administrator _knownothing_'s Avatar
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    there are many ppl they had telephonic nikha
    what about them all
    میں نےجو کیا وہ برا کیا،میں نے خود کو خود ہی تباہ کیا

    جو تجھے پسند ہو میرے رب،مجھے اس ادا کی تلاش ہے

    http://www.123muslim.com/discussion-...d-arround.html

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    There were 2 marriages that took place over the phone in Malasia and they were binding, and no problem.

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    Administrator _knownothing_'s Avatar
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    DOES THAT MEAN ITS ALLOWED

    bc i heard ppl going for nikkah like this ( due to some problem)
    میں نےجو کیا وہ برا کیا،میں نے خود کو خود ہی تباہ کیا

    جو تجھے پسند ہو میرے رب،مجھے اس ادا کی تلاش ہے

    http://www.123muslim.com/discussion-...d-arround.html

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    Quote Originally Posted by _knownothing_ View Post
    DOES THAT MEAN ITS ALLOWED

    bc i heard ppl going for nikkah like this ( due to some problem)
    In some cases the nikah is allowed and in others it is not. For the nikah to be allowed there must be 100% no fraud, It is a complicated affair and better not to marry by phone.

  7. #7
    Super Moderator bint-e-anwar's Avatar
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    according to my humble knowledge Nikkah is permissible if they have their lawyers and parents present on both sides as witness or friends on both sides i have heard from a scholar regarding this matter that its better that Parents of Both sides should be present there as witness when nikkah is performed and more better that u know mean bride and groom have seen each other or atleast talked before nikkahh to reduce complications. but i dont think so saying its not allowed is right. bcoz its according to shiriyyah if witnesses are present and it doesnt matter they are present at the same spot.

    ایک ھوں مسلم حرم کی پاسبانی کے لیے
    نیل کے سا حل سے لے کرتابخاکِ کاشغر

  8. #8
    Administrator _knownothing_'s Avatar
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    i think its allowed as u both said
    its important witness should be present on both the sides
    ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;

    as its allowed lets move at the second part of the question
    can they go for divorce ?????????????????????
    میں نےجو کیا وہ برا کیا،میں نے خود کو خود ہی تباہ کیا

    جو تجھے پسند ہو میرے رب،مجھے اس ادا کی تلاش ہے

    http://www.123muslim.com/discussion-...d-arround.html

  9. #9
    Moderator Islami Bhai's Avatar
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    The problem here is that we are not mufties and until and unless any1 comes up and tells u that its confirmed so we should not come to any conclusion.

    i have just discussed this issue with a learned friend of mine who also guided me to a book by Mufti Muneeb ur Rehman Sahab where nikah on phone is not allowed.

    Here is how it can be legal.

    1)2 witnesses are required
    2)Boy in PAKISTAN and girl in CANADA
    3)The waqeel from girls side go to PAKISTAN and the girl has given the permission to the waqeel to get her engaged (nikah) with the boy.(do ijab o qabool on her behalf)
    4)the waqeel will do ijab o qabool in the presence of boy and the other waqeel all present at one location with the girl in her country.

    thats how nikah will take place.

    And no telephonic nikah is allowed simple.
    The method though which nikah can be done among people at different countries has been mentioned.

    So once the nikah has not taken place then what divorce has to do with it.

  10. #10
    Regular Members fayaz.hs's Avatar
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    I totaly agree with Islami Bhai... Even i heard this on Qtv by Mufti Muhammed Akmal sahab said: telphonic nikha wil b happen when Both wakeels of bride n groom should be present both side, Brides wakeel should be present in grooms house vise versa, both should be vitness this nikha from either side.. then only Nekha will b valide.

    If this procedure was happen with those cople then thy go for divorce other vize marrige itself is not happened there is no qution of deverse...
    Jub Dam-e-wapasi ho Ya-Allah
    Samne ho Jalwa-e-Mustafa
    Lub pe Ho
    LA ILAHA ILLALLAH MUHAMMEDOUR RASOOLULLAH

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