How Nikah Is Contracted with an Absent Party

Question

(1) Zahid is in America and Zahida is in Africa. Zahid, while staying in America, wants to marry Zahida in her absence. How should the nikah gathering be convened, and what is the form in which it would be permissible? (2) The second case is the reverse of this, that is, Mahmuda is in America and Mahmud is in Africa. Where will the nikah gathering be held? What will be the form of the offer and acceptance (ijab and qabul) on both sides?

Answer

(1) Zahid should, orally or in writing, appoint someone as his agent (wakil) to accept Zahida for him. Then a gathering should be convened at which Zahida, or her guardian (wali), or her agent is present; at it the offer (ijab) is made on Zahida’s behalf, and Zahid’s agent accepts (qabul) for Zahid. Thus the nikah will be concluded.

Source: Fatawa Mahmudiyya

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