Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
Yes, phone consent from a Wali is valid in Islam if two trustworthy witnesses are present during the call on both ends and the imam officiating the marriage acknowledges it.
In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Finding a Spouse Online: What Does Islam Say?
There is nothing wrong in finding marriage partners through matrimonial sites as long as we do so by adhering to the Islamic ethics of interaction between men and women.
Is Wali’s Phone Consent Acceptable in Islam?
It is important for you to get the consent of her father. It is fine for him to express it through phone as long as it is witnessed by two persons-at both ends-in the presence of the imam solemnizing the marriage.
Legal Documentation of the Marriage Contract
It is also important to document the contract and legalize it according to the laws of the country where you live.
Once the marriage contract is formalized, it is fine to do so initially through telephone contacts.
Can a Couple See Each Other Before Marriage in Islam?
You are also allowed to see each other before making the final decision to marry. The Prophet (peace and blessings be upon him) told one of his companions who was planning to marry a woman, “Go and see her before you make the decision for that is more conducive for you to bond with her.” (Ibn Majah)
Further details are contained within these fatwas:
- Significance of Registering Marriage in the West
- Is Marriage Contract via WhatsApp Valid?
- Conducting Marriage Contract by Phone: Valid?
- Can You Do Nikah on Video Call?
- Is Marriage Valid via Modern Means of Communication?
Almighty Allah knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.