Online Nikah in Nigeria: Majlis al- ‘Aqd, Witnessing and a Safeguards Framework for Validity

Abstract

This article examines the validity of conducting nikah through real-time internet-based communication within the framework of Islamic law and the Nigerian legal system. It analyses whether the essential elements of a valid marriage contract offer and acceptance (ijab and qabul), unity of the contractual session (Majlis al-'Aqd), competent witnesses, and the participation of the waliy where required can be fulfilled through video-conferencing technologies. Using doctrinal and qualitative research methods, the study draws on classical juristic authorities, contemporary Fiqh resolutions, Nigerian legal materials, and interview evidence from selected participants familiar with online nikah practices. The study argues that Islamic law does not absolutely prohibit online nikah provided that the objectives of Sharia are achieved and the essential legal requirements are satisfied through reliable identity verification, uninterrupted communication, competent witnessing, and adequate documentary safeguards. It concludes by proposing a safeguards framework capable of enhancing the legal validity and evidential reliability of online nikah within Nigeria's plural legal system.