Bismillahi Al-Rahmani Al-Rahim

Marrying Over The Phone

Is it permissible to marry over the phone according to the hanbali madhab? Is there any conditions which would allow it such as the women living in a different country designating her wali in another country to marry her to a brother?

I have not found this particular issue mentioned in books. Not shocking, since the Hanbalis do not like responding to things which have not happened yet, and one hundred years ago this had not yet happened.

If all other conditions are met, then it seems that it is likely for it to be permissible and binding if the identities of everyone involved are known with certainty to the parties involved--particularly the wali, husband, and two witnesses. When it comes to the witnesses, they are still fit to witness even if they are blind.

But why not just have the wali assign someone local to his charge to be his appointed agent? It used to be rare that an unmarried woman would live in an area where there are no male relatives close enough to be her mahram, and where there is no sultan to act as her wali in the event she needs him to do so.

And Allah knows best.

wa al-salamu `alaykum