Is an online marriage contract valid when a wali hakim imam is in Thailand and the couple are in Malaysia?

Short answer

The marriage in this situation is not valid because the imam acting as wali hakim is in Thailand while the couple are in Malaysia.

Negeri SembilanOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority: Negeri Sembilan Mufti Department
Status: Opinion (irsyad)
Series: Soal Jawab Agama
Topic: Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The marriage in this situation is not valid because the imam acting as wali hakim is in Thailand while the couple are in Malaysia. Online marriage is only for genuine need with a reasonable reason and must meet certain conditions. The referenced fatwa permits a contract by video conference if the session is at the level of certainty, free of deception and doubt, fulfils all pillars and conditions of marriage, and complies with prevailing laws. A marriage abroad is valid if it follows the pillars of marriage, the couple are more than two marhalah from the wali, no court decision bars the woman from marrying on shariah grounds in her place of residence, and it is performed by a recognised wali hakim in the territory where he is authorised.

Written in our own words from the original fatwa — check the source before acting on it.

Pernikahan tidak sah kerana imam/wali hakim berada di Thailand dan pasangan pengantin berada di Malaysia.

Excerpt from the original fatwa · Negeri Sembilan

Read the full fatwa on the Negeri Sembilan website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Negeri Sembilan Mufti Department. “Nikah online”, date not stated. https://muftins.gov.my/soaljawab/nikah-online/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/online-marriage-wali-hakim-thailand-ruling/