Sex in Islam, - Fatwa on Phone Sex Between UnmarriedPersons

Question:Respected scholars, as-salamu `alaykum.
If a man and a woman, while having phone sex, address each other as
husband and wife and they actually mean it, will it amount to
marriage? 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?
Jazakum Allahu Khayran
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.
Dear sister, we appreciate your forwarding this question to us and we
ask Almighty Allah to strengthen your faith, save you from the traps
of Satan and enlighten your heart with the light of Islam!
Doing this act is a crime and leads to a grave heinous sin which is
zina (illegitimate sexual intercourse). 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. 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. The Prophet (peace and blessings be upon him) 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)
In his response to your question, Wael`Abdul-Mut`aal Shihab, a
Shari`ah researcher at Al-Azhar University, stated,
First of all, 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, 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. A legal marriage must fulfill the following requirements in
order to be valid:
1.The marriage must be expressed in clear and unequivocal terms
signifying the full consent of both male and female either in words or
in writing.
2.It should be witnessed by two reliable Muslim witnesses.
3.It should also be publicized.
4.The wife's guardian should give his consent.
5.A mahr should be paid to the bride.
Any arrangment that does not fulfill these conditions is not marriage,
no matter how sincere or earnest the parties might be.