Even during the normal course of telephone conversations they occasionally call each other husband and wife.
Does it mean they are married or it just an over emotional sentiment? Is marriage solemnized when a man tells a woman that she is his wife and the wife says she is?
Answer
Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.
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:
1- Phone sex is a crime and leads to a grave heinous sin which is zina (illegitimate sexual intercourse).
2- Pronouncing the words of marriage during your conversation does not authorize this act or mean that you have made a marriage contract with that man.
Answering your question, Dr. Wael Shehab, PhD in Islamic Studies from Al-Azhar University and currently the Imam of the Downtown Toronto Masjid in Canada, states:
Marriage in Islam: A solemn contract
Marriage is a solemn contract that has its own rules and conditions without which any other kind of intimate relation is considered invalid and illegal.
Islam blocks all the ways that lead to illegitimate sexual intercourse. Prophet Muhammad said, ‘The eyes commit zina, the hands commit zina and the feet commit zina and the genitals commit zina.’ (Ahmad)
This is one of Satan’s traps, so repent to Almighty Allah sincerely and cut all your relations with this man. Almighty Allah says, “Do not even come close to Zina. It is a shameful deed and an evil way.” (Al-Israa’ 17:32)
Phone sex in Islam
Phone sex and other forms of illicit relations between men and women are strictly prohibited in Islam. Those who involve themselves in such illegal practices should sincerely repent to Almighty Allah. They should stop all illicit relations, fear Allah’s punishment, and return to the straight path before it is too late.
Just because a man calls a woman “his wife”, whether on the phone or during a face-to-face conversation, it does not amount to a legal marriage.
Conditions of Valid Marriage
A legal marriage must fulfill the following requirements in order to be valid:
1- The marriage must be in clear and unequivocal terms signifying the full consent of both male and female either in words or in writing.
2- Two reliable Muslim witnesses must witness the marriage.
3- It should also be publicized.
4- The wife’s guardian should give his consent.
5- The bride should pay the mahr.
Allah Almighty knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.