Back to search
The question

Is a customary marriage valid if the conditions of a guardian, a dowry, and two just witnesses are met, along with the guardian's permission given over the phone and his authorization for her? And is it a condition for the marriage to be officiated by a shaykh?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Documenting a marriage in courts or having the contract officiated by an authorized marriage official (ma'dhun) is not among the conditions for its validity; rather, it is for the preservation of rights. Among the conditions for its validity are: the presence of the guardian (wali) and two just witnesses. The guardian's knowledge or permission is not sufficient; rather, he must directly conduct the contract himself or appoint a proxy who meets the conditions (Islam, sanity, masculinity, puberty, رشd - sound judgment). It is not valid to appoint a woman to officiate the contract. For many jurists, it is not sufficient for the contract to be conducted via phone or internet; rather, the presence of the guardian or his proxy and the witnesses is necessary to prevent deception and as a precaution for this solemn covenant.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
87259
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy