Is it permissible to solemnize a marriage to a woman whose previous marriage was conducted over the phone, with witnesses present who heard the offer and acceptance, given that there is a jurisprudential dispute regarding the validity of such a marriage?
We did not advise you to contract marriage with a woman without a wali (guardian), as our (religious ruling) is that a marriage without a wali is invalid. If you married without a wali, then the marriage contract with her is not permissible until she marries a valid marriage and the new husband consummates the marriage with her, then divorces her or dies, and her (waiting period) from him expires. We mentioned the permissibility of contracting marriage with her based on the opinion of some scholars regarding the validity of a mature woman marrying herself, not based on what we issue fatwas on. And the validity of witnessing a marriage via telephone is disputed. There is no harm for a layperson to act upon the saying of some scholars in matters of dispute, as long as he is confident in the correctness of their saying and is not following his whims. So, if you are confident in this saying, there is no impediment to acting upon it and contracting marriage with the woman.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/160174
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 160174
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy