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Is it permissible for a divorced woman to marry a man verbally over the phone without documentation, a guardian (wali), or public announcement, and with only two witnesses present?

1 min readAlso available in العربية

A woman's marriage without a guardian (wali) is invalid according to the majority of scholars, whether she is young or old, a virgin or previously married. This is unless all guardians are unfit for guardianship (e.g., they are disbelievers) and she cannot marry through a Sharia judge. In such a case, it is permissible for a just Muslim man to marry her with her permission, which is an opinion held by some scholars. As for the ruling on an Imam conducting the marriage contract over the phone, there is a difference of opinion among contemporary scholars. It is obligatory to renew the contract with the presence of the guardian or his representative, and two just witnesses. Publicizing the marriage (ishhar) is recommended but not obligatory according to most scholars. However, documenting the marriage contract is essential to avoid فساد (corruption/disorder) and the loss of rights.

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

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