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The question

Is the marriage considered valid if the عقد (marriage contract) was concluded via a phone call between the suitor and the woman's guardian, with the wife's sisters and mother present as witnesses with the guardian, while the other witness was a man who heard the offer and acceptance over the phone but does not know the wife or her father, only having listened to the صيغة (formulaic utterance)?

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

The aforementioned contract does not meet the conditions for validity and must be redone, due to its inclusion of four issues:

1. Performing the marriage contract through communication means: The contract is valid through such means if tampering is secured, and the witnesses hear the offer and acceptance, and the pillars and conditions are met.

2. Women's testimony in a marriage contract: For the contract to be valid, the testimony of two righteous men is required.

3. A mother testifying for her daughter: The testimony of ascendants for descendants is not permissible according to most jurists.

4. Testimony of one who does not know the woman's identity: For the validity of the testimony, knowledge of the woman being testified about, or what confirms her identification, is required.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
191527
Imported
Translation status
Source text, unreviewed
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