The Ruling on the Marriage Contract via Telephone
Machine translationRead the Arabic original
The questioner:
He says:
The Shaykh:
Yes.
The questioner:
What is the ruling on a person who says to someone over the phone:
The Shaykh:
Yes.
The questioner:
“I have married you my daughter so-and-so,” and the other says, “I accept.”
The Shaykh:
This is not valid, because the contract must be in a session, in the presence of the parties. It must be in a session, in the presence of the husband, in the presence of the guardian, and in the presence of witnesses. This is necessary. As for over the phone, these conditions are not met.
The presenter:
May Allah reward you.
The Shaykh:
It is possible to lie over the phone, it is possible to imitate voices, it is possible to manipulate,
He says:
The Shaykh:
Yes.
The questioner:
What is the ruling on a person who says to someone over the phone:
The Shaykh:
Yes.
The questioner:
“I have married you my daughter so-and-so,” and the other says, “I accept.”
The Shaykh:
This is not valid, because the contract must be in a session, in the presence of the parties. It must be in a session, in the presence of the husband, in the presence of the guardian, and in the presence of witnesses. This is necessary. As for over the phone, these conditions are not met.
The presenter:
May Allah reward you.
The Shaykh:
It is possible to lie over the phone, it is possible to imitate voices, it is possible to manipulate,
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/126 شرح زاد المستقنع/ صالح الفوزان — youtube.com (20:17)
The Arabic text is a machine transcription of the audio recording.