Although the essence and the nature of Nikah (Marriage Contract) as a faith-based contract remains firm in different human societies, the means and the ways the marriage contract is concluded have undergone different changes due to remarkable communication and cyberspace developments. Thus, along with these various developments, the jurists have to respond to the social demand for building up marital relationships in the realm of electronic communications. The jurists and legal scholars in Iran and other countries are frequently asked about the problem of possibility and legal permission of concluding marriage contract in the cyberspace.
Therefore, using analytical and descriptive methods, we emphasize on the possibility, methods, features, conditions, barriers, permits and validity of the proofs and evidences of concluding a marriage contract in the cyberspace.
Findings in this research indicate that, the implements of expressing the intention of the parties of the contract, are only valued as the means and not as the subject in that contract. Therfore, regardless of the necessity of verbal decleration of intent that explicitly implies a marital relationship, there is no exclusive feature in marriage to be separated from other electronic contracts subject to Iran's electronic commerce law; especially while the non-compliant cases are been counted by the law and the legislator's silence where it has to legislate about the "marriage contract" are evidences of Irans's e-commerce law's inclusion of "marriage contract". In addition, quoting "The data messages about the physical or mental status of persons..." in the article 58 of the Iranian Electronic Commerce Law points out to the legislators's awareness and attention to non-commercial cases at the same time.