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Is Marriage Valid via Modern Means of Communication?

16 September, 2024
Q Can Muslims conclude marriage contract via modern means of communication?

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:

Marriage and separation of spouses can take place through the modern means of communication when the two parties are able to contact each other both visually and aurally.


Answering your question, The Assembly of Muslim Jurists of America, states:

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Marriage and separation of spouses can take place through the modern means of communication when the two parties are able to contact each other both visually and aurally.

Furthermore, a marriage contract done via telephone is a sound contract if the two parties had already known each other and the witnesses are able to hear their words. It would be preferred if it is performed via means in which all can connect both visually and aurally. If that is not possible, the absent party may assign someone to act as his or her proxy in their place.

Marriage though cannot take place via email or a voice message, as the witnesses then cannot positively affirm the two parties. Assigning a proxy is a preferred step over resorting to these means.

Registering a marriage is neither one of the essential components of the marriage contract nor one of the conditions for its soundness. However, it is very much needed to do so as it protects rights and it prevents one from escaping responsibilities in cases of disputes.

Additionally, the governmental authorities can require it, in which case Muslims should adhere to the requirements of their local authorities in registering a marriage.

Read also:

Is Marriage Contract via WhatsApp Valid?

Can You Do Nikah on Video Call?

Getting the Wali’s Consent on Phone for Marriage: Valid?

Almighty Allah knows best.

Source: AMJA Online

About AMJA
Permanent Fatwa Committee of the Assembly of Muslim Jurists of America (AMJA)