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Telephonic Nikkah And Divorce
My question is that if a nikkah was performed via Skype [in presence of their respective guardians and wtnesses] because the boy resided abroad and also there was no ruksati ( hence marriage was not consumed) and this nikkah was also not reduced to writing ( there are no nikkah papers) later the boy wanted to divorce the girl. Please guide me
What’s the proper way of giving divorce?
Is the marriage valid in first place?
What haq Mehr should be given to the girl?
Please guide me in regards to above 3 questions.
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4 Replies
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Telephonic Nikkah And Divorce
updated 1 year, 6 months ago
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Replies
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Distance or medium of communication does not matter. If Nikah is performed with its prerequites that it is a declared nikha and the witnesses are there, it is a valid nikha even on telephone or skype etc. Paper work is a legal requirement, it does not change the nature of nikha.
If the boy wants to divorce, he just needs to declare it and communicate to the girl. If nikah is not documented the boy needs not to provide a document too.
In this case, the girl is entitle to receive half of the dowry (Haq e Mahr) that what was orignially decided. However, if she feels like to give up her right to half of the dowry, she can do that.
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Can you please explain the last point again. Actually no dowry was brought by the girl bcos the girl never left her mother’s house (hence never came to her husband’s house) and apart from the telephonic nikkah no other ceremonies were performed.
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Dowry here refers to haq-mehar and not Jahaiz (جہیز).
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Dowry usually is decided at the time of Nihah that the woman will be entitle to get whatever valuable is decided then. So she can claim for half of the appointed dowry. If not dowry was fixed the man should give her something as a gesture of goodwill and manhood. See the following verses:
لَا جُنَاحَ عَلَیۡکُمۡ اِنۡ طَلَّقۡتُمُ النِّسَآءَ مَا لَمۡ تَمَسُّوۡہُنَّ اَوۡ تَفۡرِضُوۡا لَہُنَّ فَرِیۡضَۃً ۚۖ وَّ مَتِّعُوۡہُنَّ ۚ عَلَی الۡمُوۡسِعِ قَدَرُہٗ وَ عَلَی الۡمُقۡتِرِ قَدَرُہٗ ۚ مَتَاعًۢا بِالۡمَعۡرُوۡفِ ۚ حَقًّا عَلَی الۡمُحۡسِنِیۡنَ
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا الْفَضْلَ بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
And there is no blame on you in the matter of dower if you divorce women before touching them or before having fixed their dower; but this should definitely be the case that you bestow on them some resources of life according to the norms when you send them off, the high in status according to their means, and the poor according to theirs. This is an obligation on those who are thorough.
But if you divorce them before touching them, yet after the fixing of a dower for them, then half of this fixed dower should be given to them, unless they forgo it or he forgoes it in whose hands is the marriage knot; [622] and it is nearer to piety that you men forgo your right. And do not forget your superiority among yourselves. Indeed, God is observing what you are doing. (2: 236-237)
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