If the Rukns (integral pillars) and conditions of the validity of marriage are fulfilled, but the Waliy (a legally accountable person acting for a woman regarding marriage) and the husband are in different countries, is it permissible to conclude the marriage contract via the telephone?
(Part No. 18; Page No. 91)
Today deception is widespread, as is fraud, and there is great skill in imitating the voices of others to the extent that one person may imitate different voices and parlances of young or old people, males or females, giving the listeners the impression that such voices belong to various speakers, although it is only one person mimicking others. The Shari‘ah (Islamic law) is keen to preserve people’s honor and lineage, and takes precautionary procedures to safeguard this more than it does with regard to contracts of other transactions. Therefore, the Committee is of the opinion that proposal, acceptance, and authorization in marriage contracts cannot depend on telephone conversations. This aims to achieve the objectives of Shari‘ah, exercise more precaution for the protection and integrity of people’s honor and lineage, and block the means to cheating and deception being practiced by wicked people. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.