Question Summary:
Is nikaah allowed on Whatsapp?

Question Detail:

If a man asks a woman, "will you marry me" over whatsapp and two people saw the message at a later time upon looking at the womans phone, does this constitute nikkah? - Also, if the same situation occurs however it was viewed by two witnesses at the time the text was sent, does this constitute nikkah.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
There are two essential components for the validity of a nikaah: eejaab (proposal) and qubool (acceptance).[1] For the eejaab and qubool to be valid, they must be expressed in the past tense, or one of them must be in the past tense and the other in present tense.[2] For example, one of the two parties may say, “I have married you” and the other, “I have accepted” or “I am accepting.”
Accordingly and in the enquired case, the Whatsapp message, “will you marry me,” is a question and does not constitute a proposal. As such, it does not constitute a valid nikaah.[3]
 
And Allah Ta’āla Knows Best
Muhammad Haris Siddiqui
Student Darul Iftaa
Melbourne, Australia  
Checked and Approved by,
Mufti Ebrahim Desai.