Is the marriage considered valid if the wife verbally agreed with her guardian over the phone to represent her in the marriage, with two witnesses present who did not hear the conversation, and if it is not valid, is it permissible to renew it?
For a marriage to be valid, it is stipulated that the woman's guardian (wali) contracts it and that two Muslim witnesses attest to the contract, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and his saying: "There is no marriage except with a guardian and two just witnesses."
The woman's guardian is her father, then his father (her paternal grandfather), then her son (if she has one), then her full brother, then her half-brother (from the father's side), then the son of her full brother, then the son of her half-brother (from the father's side), then her paternal uncle, then his son, then the Muslim ruler. The guardian must be Muslim.
If the guardian is not Muslim, the marriage is invalid. The contract must be renewed by a Muslim guardian, a Muslim judge, an official from an Islamic center, or a just Muslim man.
What is meant by witnessing: The testimony of two Muslim witnesses to the contract concluded between the guardian and the suitor. Anyone present at the contract, such as the scribe, a relative, an officiant, and others, is considered a witness if they are a just Muslim.
Some scholars have held that publicizing and announcing the marriage suffices for witnessing, based on the Prophet's (peace be upon him) saying: "Announce the marriage."
Therefore, if the two witnesses attested to the contract, or if the marriage was publicized and announced, the marriage is valid. Otherwise, the contract must be renewed.
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- Ftawy
- Original fatwa ID
- 6053
- Imported
- Translation status
- Source text, unreviewed
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