The marriage contract via telephone
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The second question of Fatwa No. ( 1216 )
Q2: If the pillars and conditions of the marriage contract are all present, except that the guardian and the groom are each in a different country, is it permissible to conclude the contract by telephone, or not?
A2: In view of the prevalence in these days of deception and fraud, and the skill some people have in imitating one another in speech and in perfectly mimicking the voices of others, to the point that one person can impersonate a group of men and women, young and old, mimicking their voices and their different languages in a way that leads the listener to believe that the speakers are distinct individuals, when in fact it is only one person; and in view of the Islamic Shari'ah's concern for the preservation of chastity and honor, and the fact that the precaution taken in this regard is greater than that taken for other transactional contracts—the Committee has held that it should not be permissible to rely on telephone conversations for the offer, acceptance, and agency in marriage contracts; in order to achieve the objectives of the Shari'ah and to exercise greater care in preserving chastity and honor, so that people of bad inclinations and those whose souls incite them to deception and fraud do not tamper with these matters. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If the pillars and conditions of the marriage contract are all present, except that the guardian and the groom are each in a different country, is it permissible to conclude the contract by telephone, or not?
A2: In view of the prevalence in these days of deception and fraud, and the skill some people have in imitating one another in speech and in perfectly mimicking the voices of others, to the point that one person can impersonate a group of men and women, young and old, mimicking their voices and their different languages in a way that leads the listener to believe that the speakers are distinct individuals, when in fact it is only one person; and in view of the Islamic Shari'ah's concern for the preservation of chastity and honor, and the fact that the precaution taken in this regard is greater than that taken for other transactional contracts—the Committee has held that it should not be permissible to rely on telephone conversations for the offer, acceptance, and agency in marriage contracts; in order to achieve the objectives of the Shari'ah and to exercise greater care in preserving chastity and honor, so that people of bad inclinations and those whose souls incite them to deception and fraud do not tamper with these matters. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.