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Is an urfi marriage valid if it takes place without the presence of two witnesses, and the husband merely informs them by phone and signs on their behalf, and without the verbal pronouncement of the formula by the two spouses?

1 min readAlso available in العربية

For a marriage to be valid, its conditions must be met. If these conditions are present, then the marriage is valid, whether it is called ' عرفي ' (customary) or anything else. The fatwa adopted by us stipulates the requirement of a guardian (wali). The contract is considered valid if it is concluded by way of taqlid (following) the Hanafi school of thought. However, there is a defect in the contract from the perspective of the صيغة (formulation/wording) according to the Hanafis; marriage is not contracted merely by writing if both parties are present. Furthermore, there is another defect concerning witnesses, as the Hanafis require the presence of both witnesses together at the contracting session, and that they hear both the ijab (offer) and the qabul (acceptance). Therefore, we advise referring the matter to the competent authority, Dar Al-Ifta (Fatwa Council), or verbally consulting trustworthy scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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