Marriage Contracts by Telephone or Internet — Jurisprudential Answers — Miscellaneous Issues, Vol. 3

Ahmed al-Hasan Response:

It is permissible if each spouse can identify the other completely, whether by appearance, name, or any other means that distinguishes that person from other people. The witnesses must likewise possess information sufficient to identify both spouses, whether through their own ability to recognize them or through identifying information such as names and appearance; the same applies to publicizing the marriage. These conditions are normally present when a marriage is contracted between spouses who meet each other within the society in which they live, because the people witnessing it or among whom it is publicized know and can identify the spouses. When the contract is concluded by remote communication such as telephone or the internet, these matters must be observed and it must be confirmed that everyone has sufficient information for identification. Another point that must be noted is that documenting the marriage contract in writing is better than leaving it only oral. The purpose is to preserve lineage and rights, and this is achieved better by writing than when the contract and witnessing are solely oral.