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?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 87259
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy