Message No : 31Sr.No : 562/725
Question By : shahid jalal hashami

Asslamu Alaikum,
If an adult boy and girl want to marry each other but due to boy¡¯s unemployment they are unable to get married. They take ALLAH as witness and accept each other so that they may talk to each other over phone without committing any sin. They plan to get married socially after getting job. Is the Nikah right?

 

Reply By : Asadullah Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the most Gracious the most Merciful
The answer to your question is as follows:

According to Shariah this is not a valid Nikah and they are not husband-wife so they are still unmarried. In such condition that one is unable to get married the Prophet SAWS advised; Narrated 'Abdullah:

We were with the Prophet while we were young and had no wealth whatever. So Allah's Apostle said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power."

And it should be noted that every form of pre-marital contact with ones future spouse is haraam. It is not even permissible to talk with a person of the opposite gender if the person is not a mahram, for example, father, mother, brother, sister etc. These are such people with whom marriage is permanently prohibited (mahram).

To have any contact with any other person of the opposite gender besides a mahram opens the door for evil and immoral relationship. Shariah prohibited zina and everything that leads to zina. That includes kissing, talking, directly and indirectly through the telephone and other forms of modern communication, sms texts and computer chatroom.(Allah knows best)

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