Tying the knot virtually: The legal status of online Nikāḥ in Ḥanafī Fiqh

Ali, Mansur ORCID: https://orcid.org/0000-0002-3176-4746 2025. Tying the knot virtually: The legal status of online Nikāḥ in Ḥanafī Fiqh. Journal of Hanafi Studies 2 (1) , pp. 75-115. Item availability restricted.

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Abstract

The Covid-19 lockdown ushered in a new wave of religious experiences. The Internet teemed with online sermons and synchronous religious teachings. Betrothed couples moved their marriage ceremonies online. At times, the marriage was enacted as the bride and groom as well as the witnesses and imam occupied different physical locations and time zones whilst remaining connected through a web of video conferencing platforms. What is the Islamic position on such virtually conducted marriages? To answer this question, I conduct a detailed study of eleven legal scenarios from the primary Ḥanafī sources as well as an analysis of contemporary fatwas by Ḥanafī scholars from the Indian subcontinent. I conclude that the Ḥanafī school of law is not averse to online nikāḥ. I raise questions regarding how “space” (makān/‌majlis) is conceptualised in Islamic law and whether cyberspace as a genuine alternative to physical space can enter the collective fatwa-making psyche of the ʿulamāʾ. I argue for a proactive approach to fatwa-making in a world where the metaverse and augmented reality are rapidly becoming our everyday reality. At a macro level, the study is an entry point into thinking about a broader methodological question, namely: Is the Ḥanafī school of law a fixed system or a methodology? The article concludes with a translation of a fatwa by the grand mufti of Gujarat, Aḥmad Khānpūrī.

Item Type:	Article
Date Type:	Published Online
Status:	Published
Schools:	Schools > History, Archaeology and Religion
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
Publisher:	Irshad Centre for Hanafi Studies
ISSN:	2755-3930
Date of First Compliant Deposit:	1 August 2025
Date of Acceptance:	October 2022
Last Modified:	04 Aug 2025 11:00
URI:	https://orca.cardiff.ac.uk/id/eprint/180202

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