Bismillahi Al-Rahmani Al-Rahim
Marrying Over The Phone
Q
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?
A
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
--musa