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Fatwa CenterMarriage over long distance
Question
How can I marry a girl over seas when I am in the USA and she is in Africa? Can her father make Nikah over the phone?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
It is possible for the girl's guardian to deputize someone in the country where you live in order to undertake the marriage contract, and then, to send the power of attorney after being attested by some legal circle. So, the matter is very easy as long as the girl and her guardians have agreed and it is possible to have a deputy for this goal.
Marriage should not be done unless with the guardian's consent, for the Prophet (Sallallahu Alaihi wa Sallam) said: "There is no (a valid) marriage without a guardian ('s consent)" [ Ahmad and As-haab-al-Sunan].
Another Hadith reads: "A woman who gets married without her guardian's permission, her marriage is invalid" [ Ibn Hibban and al-Hakim and regarded it as sound].
Allah knows best.
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