Fatwa No. 37 — p. 65
Question:
An expatriate wishes to propose to a young woman and has suggested to her family that they conduct an online prospective viewing (ruʾyah sharʿiyyah) in their presence. Is this permissible?
Answer:
Al-ḥamdu lillāhi rabb al-ʿālamīn. To proceed:
Whatever is permissible to perform directly and in person — with its conditions fulfilled — is permissible to perform remotely through modern means of communication. If the conclusion of the marriage contract itself (ʿaqd al-nikāḥ) is permissible remotely via modern technology, then a mere prospective viewing between two prospective spouses is all the more entitled to legitimacy.
The Assembly of Muslim Jurists of America (AMJA) has issued the following resolution on this matter:
“Contracting Marriage via Telephone: The marriage contract may be concluded via telephone, on the condition of prior mutual identification between the party making the offer and the party accepting it, and provided the witnesses can hear both statements. It is preferable that this be conducted through any similar medium that allows the contracting parties and witnesses to communicate by both audio and video. If this is not possible, the absent party may appoint a proxy (wakīl) to execute the contract on his behalf.” (1)
Each of the two prospective spouses may look at the other’s face and hands, and converse within proper bounds (bi-l-maʿrūf) without seclusion (khalwah) — based on the ḥadīth of Jābir ibn ʿAbdillāh (may Allah be pleased with them both), who said: “The Messenger of Allah ( (صلى الله عليه وسلم
said: ‘When one of you proposes to a woman, if he is able to look at what will encourage him to marry her, let him do so.'” Jābir said: “I proposed to a young woman, and I would conceal myself to observe her until I saw from her what encouraged me to marry her — and I married her.” (2)
And based on the ḥadīth of al-Mughīrah ibn Shuʿbah (may Allah be pleased with him) — that he proposed to a woman and the Prophet ( صلى الله عليه وسلم) said to him: “Look at her — for it is more likely to
produce affection and harmony between you.” (3)
If this is permissible in person, it is equally permissible remotely.
And Allah Most High knows best.
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Footnotes (Takhrīj):
(1) Resolution of the Assembly of Muslim Jurists of America (AMJA) on contracting marriage via telephone.
(2) Recorded by Abū Dāwūd in Kitāb al-Nikāḥ, chapter “In the Matter of Looking at a Woman When One Intends to Propose,” ḥadīth no. 2082 — on the authority of Jābir ibn ʿAbdillāh (may Allah be pleased with them both). Also recorded by Aḥmad in his Musnad (3/334), ḥadīth no. 14518.
(3) Recorded by al-Tirmidhī in Kitāb al-Nikāḥ, chapter “What Has Come Regarding Looking at the Woman One Wishes to Propose To,” ḥadīth no. 1087; and al-Nasāʾī in Kitāb al-Nikāḥ, chapter “The Permissibility of Looking Before Marriage,” ḥadīth no. 3235 — on the authority of al-Mughīrah ibn Shuʿbah (may Allah be pleased with him). Al-Tirmidhī graded it ḥasan. Previously cited with full takhrīj in Fatwa No. 32, footnote (3).
