Can we do Marriage Contract through Phone?

Answered by Shaykh Abul ‘Ataa Ahmad Banaja (may Allah preserve him)

Question:

What is the ruling on doing nikah through telephone and is it mandatory to be there witnesses [or just Wali and bridegroom is enough] and holding hands between the bridegroom and the bride’s father.

Answer:

It’s allowed to make all kinds of contract through phones, if it is accepted from the Ruler or his representatives like the judges. Marriage, divorce, transactions and all are allowed if the authorities accept it. And there is no difference in between you talking to the Wali (guardian), for the Eejaab and Qabool, for the Ridaa (agreement from the woman) of the marriage, by phone or from far to far shouting. For example, you and him there is a distance and there is a wall in between, and you are talking from the other side, it is also Eejaab and Qabool.

The main thing, it’s acceptable by the authorities and by the ‘Urf (custom) also. The condition is, it should be through a trustworthy way (of phone call), valid, and also other conditions of marriage like, witnesses, Ridaa, which should be represented by her Wali, Mahr and everything.

Those Scholars who forbid these kind of contracts, like the Lajnatuh Daaimah (Permanent Committee for Scholarly Research and Ifta), they forbid it because of the many cases which included cheating, like imitating the voice to fool the other party. This fatwa is famous, and it is out of fear that the voices might be imitated like the many cases occurred. We are talking here about, a case that this issue does not exist, because both parties are trustworthy. So, we are talking about trustworthy form, and the Fatwa of Lajanatuh Daaimah is out of fear of cheating, due to many cases that has reached to them which include fooling others.

Same ruling is applied for divorce, and other transactions also through phone, each one with its own conditions. It is allowed.

.بارك الله فيك

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