Marriage Contract, - * Ruling on doing the marriage contract over the phone or Internet

Is it valid to do the marriage contract over a WebCam? Because I heard that it is not permissible as one of the conditions of marriage is that it should be done in one place?
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Praise be to Allah.
The proposal (eejaab) and acceptance (qubool) form one of the pillars or essential parts of the marriage contract, without which it is not valid. The proposal is said by the wali (guardian) or his proxy and the acceptance is said by the husband or his proxy.
It is stipulated that the proposal and acceptance should come in one sitting. It says inKashshaaf al-Qinaa‘(5/41): If there is a lapse of time between the proposal and acceptance, it is valid so long as both are done in the same gathering and there is no distraction that would count as an interruption according to local custom, even if the interval between the two is lengthy. But if they part before the acceptance is spoken after the proposal has been issued, then the proposal becomes invalid. The same applies if there is a distraction that interrupts the proceedings according to local custom, because that is turning away from it and it is as if the proposal had been rejected. End quote.
Similarly, it is also stipulated that witnesses be present in order for the marriage contract to be valid.
Based on that, the scholars differed with regard to doing the marriage contract by using modern needs such as the telephone and the Internet. Some of them say that that is not permissible, because of the absence of witnesses, even though the presence of two witnesses on the phone at the same time comes under the same ruling as if they were in the same place. This is the view of the Islamic Fiqh Council (Majma‘ al-Fiqh al-Islami).
Some of the scholars are of the view that this should be disallowed, as a precaution to protect the marriage, because it is possible to imitate a person’s voice and thus deceive others. This is what is stated in fatwas issued by the Standing Committee for Issuing Fatwas.
Some of the scholars regard it as permissible so long as there is no risk of tampering. This is what was stated in fatwas issued by Shaykh Ibn Baaz (may Allah have mercy on him).
Thus it is known that the problem is not the issue of being the same place, because contact between both parties at the same time via the phone or Internet comes under the same ruling as if they were in the same place.
It is also possible for this marriage contract to be witnessed, by hearing the voice of the speaker over the phone or Internet; in fact with technological advances nowadays it is possible to see the wali and hear his voice when he makes the proposal, and it is also possible to see the husband.
Hence the most correct view with regard to this matter is that it is permissible to do the marriage contract over the phone or Internet, if there is no danger of tampering, the identity of the husband and wali is proven, and the two witnesses can hear the proposal and acceptance. This is what was stated in fatwas issued by Shaykh Ibn Baaz (may Allah have mercy on him), as stated above. It is also what is implied by the fatwa of the Standing Committee, which disallowed marriage in such cases as a precaution and for fear of deceit.
The one who wants to be on the safe side may do the marriage contract by appointing proxies; so the husband or guardian may appoint someone to do the marriage contract on his behalf in front of witnesses.
There follow the comments of scholars that confirm what we have referred to:
1. Statement of the Islamic Fiqh Council:
Statement no. 52 (6/2) concerning the ruling on contracts via modern needs of communication.
After stating that it is permissible to do contracts via modern means of communication, the Council said:
The guidelines mentioned above do not apply to the marriage contract, because of the stipulation that witnesses be present in that case. End quote.
2. Fatwa of the Standing Committee for Issuing Fatwas:
Question: if the pillars or essential parts and conditions of the marriage contract are fulfilled, except that the wali and the husband are in different countries, is it permissible to do the marriage contract by phone or not?
Answer: because nowadays deceit and trickery are widespread, and some people are skilled at imitating others, and some are able to make their voice sound like a number of people, male and female, young and old, and even speak different dialects and languages, so that the listener thinks that several people are speaking when in fact it is only one person, and because Islamic sharee‘ah is concerned with protecting people’s chastity and honour, and takes more precautions than other religions with regard to contracts and dealings, the Committee thinks that it is not appropriate, with regard to marriage contracts, the proposal and acceptance, and appointing proxies, to handle such matters over the phone. This is in order to achieve the aims of sharee‘ah and protect people’s chastity and honour, so that those who follow whims and desires and those that seek to deceive and cheat people will not be able to toy with matters of marriage. And Allah is the source of strength.
End quote fromFataawa al-Lajnah ad-Daa’imah, 18/90
3. Fatwa of Shaykh Ibn Baaz (may Allah have mercy on him)
Question:
I want to get married to a girl and her father is in another country; at present I cannot travel to meet him and do the marriage contract, for financial or other reasons. I am currently in a foreign country. Is it permissible for me to call her father so that he can say to me, “I give you my daughter So and so in marriage,” and I can say, “I accept.” The girl agrees to the marriage and there are two Muslim witnesses who can listen to what I say and what he says, via the speakers on the phone. Is this regarded as a legitimate marriage contract?
Answer:
The website put this question to Shaykh ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz (may Allah have mercy on him) and he replied that if what is described is true (and there is no tampering involved), then it fulfils the conditions of shar‘i marriage and the marriage contract is valid.
And Allah knows best.

Marriage

Invalid Marriages, - * A Christian man married to a Muslim woman wants to help her to fast

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It may be a strange question to you as you probably would have much to criticize about my wife and me- starting with the fact that we are together in the first place -but still I dearly appreciate your practical advice and guidance for that most holy month.

My Muslim wife and I live in the West, I was born here and Im a Christian. We met in Dubai 4yrs ago and got married 1.5 yrs ago, and this is my wifes 1st yr away from home and her family during Ramadan. She enjoys life in the West and found a balance between her tradition and religion and the Western way of life. We're in love and very happy how we live. However,during Ramadan,she is really struggling with the culture because although people are understanding, the whole environment is just not well suited to Muslims in this period (e.g. everyone eating during lunch break).I try to support her as much as I can and would like to know what else I can do to help. Here's what I already do:

-no alcohol (ever)

-no pork (ever)

-fast with her during Ramadan

-I don't go out/appointments during the month to be at home with her

-no visitors during the month I know the environment is difficult for her in this time, and I suggested that in the next years she should go to Dubai and her family during Ramadan.Is this reasonable, or do you think she can manage to celebrate Ramadan as it should be, even while being here?Pls bear in mind she has no family here.

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Praise be to Allah

Yes, the matter is indeed strange as you said.

But what is strange is not merely the fact that a Christian man has married a Muslim woman, even though this marriage is definitively prohibited in Islam, according to scholarly consensus. That is not the only strange thing about this case, for the Shaytaan deceives many of the children of Adam, until he causes them to fall into something that is even more abhorrent than that.

What is even stranger is your concern to ask about such a thing, you and your wife, or – to be more precise – your concern to help your wife in such a matter, which is indicative of your great care for her and your desire that she be happy, when you do not care about the most serious aspect of the relationship between you.

What we mean is the basis of this invalid relationship between you, which is fundamentally wrong.

Therefore we will address you directly, as you are the one who has asked us and you are the one who is responsible for this grievous mistake, and tell you that it is not permissible for you or for this woman to continue in this relationship at all, not even for a single hour. Rather what you must do is separate, for she is not your wife and is not permissible for you, and you are not permissible for her so long as you remain a Christian.

Regardless of whether you spend Ramadan in the east or in the west, in Dubai, or in the city of the Prophet (blessings and peace of Allah be upon him), or in Berlin, none of that will change the matter in the slightest, and will not fix the basic flaw in the relationship between you.

Rather you must separate.

Then once you have separated, it is not permissible for you to go back to her unless you truly seek Islam because it is the final religion of Allah, that He loves for His slaves and wants from them.

Therefore we call upon you – as you are keen to make your wife happy and make things easy for her – to leave her immediately, because her staying with you means that she will lose out a great deal in religious terms, which would result in misery for her in this world and the hereafter, if Allah does not shower her with His forgiveness and mercy. Then you must spend some time reading about Islam and learning more about it. The Islamic centres in your country can help you with that.

If Allah opens your heart to Islam and you become Muslim, then in that case there would be no impediment to you marrying her with a new marriage contract, in accordance with the teachings of Islam, whenever you both want to do that.

Then you can begin your married life with sincere repentance that will erase the errors that came before it, for Allah, may He be exalted, forgives those who repent and turn back to Him, no matter what sins they committed before that.

We ask Allah, may He be exalted, to guide you to the truth.

And Allah knows best.

♣ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ♣

Invalid Marriages, - * A Christian man married to a Muslim woman wants to help her to fast

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It may be a strange question to you as you probably would have much to criticize about my wife and me- starting with the fact that we are together in the first place -but still I dearly appreciate your practical advice and guidance for that most holy month.
My Muslim wife and I live in the West, I was born here and Im a Christian. We met in Dubai 4yrs ago and got married 1.5 yrs ago, and this is my wifes 1st yr away from home and her family during Ramadan. She enjoys life in the West and found a balance between her tradition and religion and the Western way of life. We're in love and very happy how we live. However,during Ramadan,she is really struggling with the culture because although people are understanding, the whole environment is just not well suited to Muslims in this period (e.g. everyone eating during lunch break).I try to support her as much as I can and would like to know what else I can do to help. Here's what I already do:
-no alcohol (ever)
-no pork (ever)
-fast with her during Ramadan
-I don't go out/appointments during the month to be at home with her
-no visitors during the month I know the environment is difficult for her in this time, and I suggested that in the next years she should go to Dubai and her family during Ramadan.Is this reasonable, or do you think she can manage to celebrate Ramadan as it should be, even while being here?Pls bear in mind she has no family here.
-
Praise be to Allah
Yes, the matter is indeed strange as you said.
But what is strange is not merely the fact that a Christian man has married a Muslim woman, even though this marriage is definitively prohibited in Islam, according to scholarly consensus. That is not the only strange thing about this case, for the Shaytaan deceives many of the children of Adam, until he causes them to fall into something that is even more abhorrent than that.
What is even stranger is your concern to ask about such a thing, you and your wife, or – to be more precise – your concern to help your wife in such a matter, which is indicative of your great care for her and your desire that she be happy, when you do not care about the most serious aspect of the relationship between you.
What we mean is the basis of this invalid relationship between you, which is fundamentally wrong.
Therefore we will address you directly, as you are the one who has asked us and you are the one who is responsible for this grievous mistake, and tell you that it is not permissible for you or for this woman to continue in this relationship at all, not even for a single hour. Rather what you must do is separate, for she is not your wife and is not permissible for you, and you are not permissible for her so long as you remain a Christian.
Regardless of whether you spend Ramadan in the east or in the west, in Dubai, or in the city of the Prophet (blessings and peace of Allah be upon him), or in Berlin, none of that will change the matter in the slightest, and will not fix the basic flaw in the relationship between you.
Rather you must separate.
Then once you have separated, it is not permissible for you to go back to her unless you truly seek Islam because it is the final religion of Allah, that He loves for His slaves and wants from them.
Therefore we call upon you – as you are keen to make your wife happy and make things easy for her – to leave her immediately, because her staying with you means that she will lose out a great deal in religious terms, which would result in misery for her in this world and the hereafter, if Allah does not shower her with His forgiveness and mercy. Then you must spend some time reading about Islam and learning more about it. The Islamic centres in your country can help you with that.
If Allah opens your heart to Islam and you become Muslim, then in that case there would be no impediment to you marrying her with a new marriage contract, in accordance with the teachings of Islam, whenever you both want to do that.
Then you can begin your married life with sincere repentance that will erase the errors that came before it, for Allah, may He be exalted, forgives those who repent and turn back to Him, no matter what sins they committed before that.
We ask Allah, may He be exalted, to guide you to the truth.
And Allah knows best.

Invalid Marriages, - * What is tahleel marriage?

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What is tahleel marriage?
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Praise be to Allah
Firstly:
The husband is given the option of taking back his wife if he has divorced her (by talaaq) twice, and this is called revocable divorce. Allah, may He be exalted, says (interpretation of the meaning):
“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness”
[al-Baqarah 2:229].
If he divorces her a third time, then she becomes haraam for him and it is not permissible for him to marry her with a new marriage contract and mahr unless she marries someone other than him, in a valid and genuine marriage, then he (second husband) consummates the marriage with her, then divorces her or dies and leaves her a widow. Allah, may He be exalted, says (interpretation of the meaning):
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge”
[al-Baqarah 2:230].
It was narrated from ‘Aa’ishah (may Allah be pleased with her) that Rifaa‘ah al-Qurazi married a woman then he divorced her, issuing a third divorce. Then she married another man, then she came to the Prophet (blessings and peace of Allah be upon him) and told him that he did not have intercourse with her, and the Messenger (blessings and peace of Allah be upon him) understood that she wanted to go back to Rifaa‘ah, so he (blessings and peace of Allah be upon him) said: “No, not until he (the second husband) tastes your sweetness and you taste his sweetness [a metaphor for consummation of the marriage].”
Narrated by al-Bukhaari (5011) and Muslim (1433).
Secondly:
It is not permissible for the man who issued the divorce, or for the woman, to use tricks to get around the laws of Allah and get back together by means of what is called a tahleel marriage. This kind of marriage takes several forms, including the following:
1. where the husband who had issued the divorce, or the woman, or her guardian, hire a human “billy-goat”, and stipulate that he must marry the divorced woman, consummate the marriage with her, then divorce her, and they give him a sum of money in return for that!
2. Where a man marries that divorced woman without making any agreement with anybody, but his aim is to make her permissible for the first husband, then he divorces her.
Tahleel marriages are haraam and invalid, and those who do that deserve to be cursed.
It was narrated that ‘Abdullah ibn Mas‘ood said: The Messenger of Allah (blessings and peace of Allah be upon him) cursed the muhallil and the muhallal lahu. [The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband] Narrated and classed as saheeh by at-Tirmidhi (1120); also narrated by an-Nasaa’i (3416).
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
It was classed as saheeh by Ibn Qattaan and Ibn Daqeeq al-‘Eid according to the conditions of al-Bukhaari.
End quote fromat-Talkhees al-Habeer(3/72)
Ibn al-Qayyim (may Allah have mercy on him) said:
With regard to the Prophet (blessings and peace of Allah be upon him) cursing them [the muhallil and the muhallal lahu], this is either telling that Allah, may He be exalted, has cursed them, or it is a supplication for them to be cursed. This indicates that it is haraam and is a major sin. End quote fromZaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad(5/672)
It was narrated that ‘Uqbah ibn ‘Aamir said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Shall I not tell you of a borrowed billy-goat?” They said, Yes, O Messenger of Allah. He said, “He is al-muhallil. May Allah curse al-muhallil and al-muhallal lahu.”
Narrated by Ibn Maajah (1936); classed as hasan by al-Albaani inSaheeh Ibn Maajah.
These hadiths indicate that tahleel marriage is haraam, and that it is a major sin; they also indicate that it is not valid.
It says inal-Mawsoo‘ah al-Fiqhiyyah(10/256, 257):
The majority of scholars – the Maalikis, Shaafa‘is, Hanbalis and Abu Yoosuf among the Hanafis – are of the view that this kind of marriage is invalid, because of the two hadiths quoted above, and because marriage for the purpose of tahleel comes under the same heading as temporary marriage, and stipulating that a marriage is to be temporary renders it invalid. So long as the marriage is invalid, no tahleel occurs thereby [i.e., it does not make it permissible for the woman to go back to her first husband after the second marriage ends]. This is supported by the view of ‘Umar (may Allah be pleased with him) who said: “By Allah, no muhallil or muhallal lahu will be brought to me but I will stone them.” End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said:
This is one of the most abhorrent kinds of falsehood, and one of the gravest kinds of corruption. He is in effect a zaani (fornicator or adulterer), because he did not marry her so that she could be a wife to him, and keep him chaste and stay with him, and so that he might hope to have children from her. No, rather he came as a borrowed billy-goat, to make her permissible for the one who came before him, by having intercourse with her once, then leaving her and finishing with her. This is the muhallil; his marriage is invalid and is not legitimate, and she does not become permissible for the first husband so long as (the second husband) married her with this intention and for this purpose. It is an invalid marriage and she is not permissible for him or for the first husband, because this is not a marriage, and Allah says (interpretation of the meaning):“until she has married another husband” [al-Baqarah 2:230]. This is a borrowed billy-goat, not a legitimate husband, and he does not make her permissible for the first husband .
End quote fromFataawa ash-Shaykh Ibn Baaz(20/277, 278)
With regard to the prohibition on tahleel marriage and its invalidity, it makes no difference whether the condition of tahleel is specifically mentioned in the marriage contract or if the agreement is made beforehand and not mentioned at the time of the marriage contract, or the second husband had that intention without anybody stipulating it or coming to some agreement to that effect with him. In all these cases it is a tahleel marriage and is haraam.
Ibn al-Qayyim (may Allah have mercy on him) said:
There is no difference of opinion, according to the people of Madinah, the scholars of hadith and the fuqaha’, whether that is stipulated verbally or by implicit agreement and intention, because in their view the intention behind contracts carries weight, and actions are judged by intentions, and in their view a condition was agreed implicitly is like one that was spoken aloud, because words are not sought in and of themselves, but because of the meaning to which they point. So once the meaning and intention become clear, the actual words do not matter, because they are just the means (of expressing what is in the heart) and in this case that aim has been achieved, therefore the rulings are to be based on the aims.
End quote fromZaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad(5/110)
The scholars of the Standing Committee for Issuing Fatwas said:
If a man marries a woman on condition that it be for the purpose of tahleel, or he intends that, or they both agree to that, then the marriage contract is invalid and the marriage is not legitimate.
End quote fromFataawa al-Lajnah ad-Daa’imah(18/439)
Al-Bayhaqi narrated inas-Sunan al-Kubra(7/208) from Naafi‘ that he said: A man came to ‘Umar (may Allah be pleased with him) and asked him about a man who divorced his wife three times, then a brother of his married her without any prior agreement with him, so as to make her permissible for his brother – does she become permissible for the first husband? He said: No, unless it is a genuine marriage. We used to regard this as fornication at the time of the Messenger of Allah (blessings and peace of Allah be upon him).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said:
If the second husband has the intention that when he has made her permissible for the first husband he will divorce her, then she does not become permissible for the first husband, and the marriage is invalid. The evidence for that is that this is the intention of tahleel, so it is included in the curse. The Prophet (blessings and peace of Allah be upon him) said: “Actions are but by intentions, and each person will have but that which he intended.”
End quote fromash-Sharh al-Mumti‘ ‘ala Zaad al-Mustaqni‘(12/176, 177).
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) listed all the forms in one place, and regarded them all as forms of tahleel marriage which is prohibited and invalid.
He (may Allah have mercy on him) said:
Tahleel marriage is haraam and invalid, and it does not make it permissible (for the woman to go back to her first husband). What it means is that if a man divorces his wife three times, then she becomes haraam for him until she has married another husband, as Allah, may He be exalted, states in His Book, and as is stated in the Sunnah of His Prophet (blessings and peace of Allah be upon him), and the ummah is unanimously agreed on that. If another man marries her with the intention of divorcing her so that she will become permissible for her first husband, this marriage is haraam and invalid, whether he decides after that to keep her or to leave her, and whether that is stipulated in the marriage contract, or was stipulated before the marriage contract, or was not stipulated verbally… Or none of that happened; rather the man decided to marry her, then divorce her so that she would become permissible for the one who had divorced her three times, without the woman or her guardian being aware of any of that, whether the husband who had divorced her three times was aware of it or not, such as if the muhallil thought that this was a good deed and a favour to the man who had divorced her and his wife, by helping her to go back to him because he thought that the divorce had caused harm to them and their children and their families, and so on.
In fact it is not permissible for the one who divorced his wife three times to marry her again until she has been married by a man who wanted a genuine marriage, not a sham marriage, and he consummated the marriage with her in the sense that she tasted his sweetness and he tasted her sweetness, then after that if they happened to be separated by death or divorce or annulment of the marriage, then it is permissible for the first one to marry her.… This is what is indicated by the Qur’an and Sunnah, and it is what was narrated from the companions of the Messenger of Allah (blessings and peace of Allah be upon him) and from all of those who followed them in truth, and the majority of the Muslim fuqaha’. … This is the view of Maalik ibn Anas and all his companions, and of al-Awzaa‘i, al-Layth ibn Sa‘d, and Sufyaan ath-Thawri; it is also the view of Imam Ahmad ibn Hanbal among the scholars of hadith, including Ishaaq ibn Raahawayh, Abu ‘Ubayd al-Qaasim ibn Salaam, Sulaymaan ibn Dawood al-Haashimi, Abu Khaythamah Zuhayr ibn Harb, Abu Bakr ibn Abi Shaybah, Abu Ishaaq al-Jawzajaani and others. It is also the view of ash-Shaafa‘i.
End quote fromIqaamat ad-Daleel ‘ala Ibtaal at-Tahleel(p. 6-8). The author quoted many views from leading religious scholars stating that it is haraam.
And Allah knows best.