Saturday, October 30, 2004

Marriage on internet, kaffaarah of breaking oaths

Question: a girl used to chat with a guy on net.they started liking day the guy asked her to accept nikaah for some amount of mahr.first girl refused but after insistence said yes as she thought he is only joking and there is no witness. but after this the guy said she is married to him as there are 3 witness sitting with him and read the chat session. whole session was in written form and guy never told her his intensions.
a)is nikaah valid or not?
b)please tell is it valid according to hanafi school of thoughts or not?
c)what shall girl do now as she is worried and felt cheated by this guy and doesn't want him anymore.

Answer: This is not nikaah, because their witnessing is invalid (it could have been anyone using your computer), and because nikaah cannot be performed by writing alone. If the conditions for a valid nikaah had been met, you would have been married now, even if your intention was to joke. Oaths, divorce, marriage and blasphemy all happen if their conditions are met, regardless of whether one is joking or not.

Question: what is the kaffarah if somebody swears upon Allah and is not able to fulfill the promise later on?

He or she must free a slave or feed 10 poor people or clothe 10 poor people. If unable to do one of those three, then one fasts 3 consecutive days.