What is the ruling on a marriage that did not include the formula of proposal and acceptance? And can Ibn Taymiyyah's view allowing it be adopted? And if the contract must be renewed, is it permissible to renew it over the phone with the presence of the guardian and witnesses, without the presence of the wife? And is it required to specify a new dowry or to mention the previous dowry?
If the contract between the spouses is considered a valid marriage according to custom, then it can proceed, especially if renewing it would cause difficulty. It is permissible to take advantage of the concession to avoid difficulty, even though it is better to be cautious and renew the contract with a new dowry. However, if it is not considered a valid marriage according to custom, then the contract is void and requires a new contract. Marriage contracts via modern communication methods are prohibited by a resolution of the Islamic Fiqh Academy, even though some contemporary scholars have permitted it out of necessity. As for the dowry, if consummation has occurred, then the first dowry is yours. If consummation has not occurred, then it is permissible to suffice with the first dowry without a new one.
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