Questionable marriage by phone

26-9-2004 | IslamWeb

Question:

I am in love with a girl. I married her. Then I got sex with her. After 6 months I come to know that we did marriage wrong it is not acceptable because we did on phone and she had no witness with her but I had two witnesses at my side and molvee with me he said he is witness from her side. And she accepted him her witness. Now is our marriage is accepted or not. And what about I did sex is it sin.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is incumbent on a Muslim to learn the rulings of his religion, and ask the people of knowledge before acting (be it actions or words). Allaah says (interpretation of meaning): {so ask the people of the Reminder if you do not know.}[21:7]. You have to know that the correct marriage has conditions, the most important of which is the presence of a Walee (guardian of the woman). It is confirmed that the Prophet said: “Marriage is not legal except with the presence of a Walee." [Ibn Maajah]. On this matter please refer to Fatwa: 83780.

Therefore, you should know that what had taken place between yourselves is not a valid marriage. However, if you had children, then they will be affiliated to both of you, because it is a doubtful marriage.

You have to be separated from her, and she has to stay for three consecutive menses (so that to find out that the womb is free from pregnancy) according to the majority of scholars, and then you can marry her again.

Allaah knows best.