Is marriage over the phone or internet, with offer, acceptance, and the testimony of two witnesses, and in the absence of a guardian (wali) in the Hanafi school, considered a valid marriage that makes waiting for official marriage easier, or is it forbidden and necessitates divorce?
The states that marriage contracts over the phone are invalid according to the Islamic Fiqh Academy, which aligns with the view of the Shafi'i school that requires witnesses to see the spouses. The majority of scholars, however, do not stipulate this, considering the contract valid if the witnesses can verify the identity of the spouses. Based on this, the marriage would be valid according to the Hanafi school, which does not require the presence of a guardian (wali). It is recommended to re-contract the marriage with all conditions fulfilled when the spouses meet, as a precautionary measure and to avoid the disagreement of the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 100457
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy