Is it permissible to renew a marriage contract over the phone between a husband and wife who are in two different countries, with witnesses present in the husband's country, and what is the legitimate formula for that? Is it a condition for the wife's guardian (wali) to be present in this case, and what is the validity of the guardianship of an adult son or an older brother, especially if the latter does not pray?
1. It is not permissible to renew the wife's marriage contract without the permission of her guardian, according to the majority of jurists, even if the previous relationship was long-standing.
2. The wife's adult son has the primary right to give her in marriage, and her brother has no right to guardianship when the son is present.
3. It is not permissible to directly renew the contract over the phone. Rather, her son should give her in marriage, or he should delegate someone to carry out the process, or the contract should take place where the guardian is present.
4. It is permissible for the wife's son to appoint you as an agent in the marriage contract, so you can perform the contract for yourself and handle the offer and acceptance. This agency does not require witnesses.
5. Marriage cannot be concluded over the phone.
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- Original fatwa ID
- 118276
- Imported
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