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Is it valid to marry over the phone? And marriage through transfer of agency (tawkil)

Answered by
Shaykh Faraz Rabbani, SunniPath Academy Teacher
Published
3 July 2005

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Question

Is it valid to marry over the phone? And marriage through transfer of agency (tawkil)

Answer


Walaikum assalam wa rahmatullah,

It is not valid to conduct marriages over the phone, because it is a condition for the validity of marriage that the witnesses be present in the same place the marriage offer and acceptance take place. Though other contracts can be valid over the phone, the top contemporary scholars who have studied this (including Shaykh Adib al-Kallas of Damascus, and top Indo-Pak scholars) have said that given the sensitivity of marriages, they cannot be conducted over the phone.

The solution is through agency. See answer below for details.

Wassalam,
Faraz Rabbani

 

This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.

Originally published by SunniPath (sunnipath.com).

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