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Does a documented civil contract, which fulfills the conditions of marriage but in which the guardian and the husband did not orally pronounce the formula, permit the suitor to speak with his fiancée over the phone?

1 min readAlso available in العربية

If the marriage contract was concluded without the guardian and the groom uttering the offer and acceptance, and merely writing was sufficient, then the contract is invalid according to the majority of scholars. If it is desired to rectify it, then the guardian and the groom should utter the offer and acceptance in the presence of two witnesses, as a marriage contract is not valid without uttering the offer and acceptance for one who is able to do so. This is supported by the following:

Al-Fatawa al-Hindiyyah: "It is not concluded by writing from two present parties. So if he wrote, 'I marry you,' and she wrote, 'I accept,' it is not concluded." Sheikh Al-Dardir Al-Maliki: "Neither gesturing nor writing suffices, except in the necessity of muteness." Al-Haytami Al-Shafi'i: "It is not concluded by writing, whether in absence or presence, because it is an allusive expression (kinayah)." Al-Mardawi Al-Hanbali: "The correct view of the madhhab is that marriage is not concluded except by offer and acceptance with these specific الفاظ (words), and no others."

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

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