Solution to marriage over the phone

Solution to marriage over the phone

In the name of Allah, the most Beneficent, the most Merciful.

Answer

It was mentioned in an earlier post that marriage conducted over the phone is invalid. The solution to this problem is that either the man or the woman appoints an agent who will conduct their marriage on their behalf.

For example Ahmad wants to marry Zainab. Ahmad lives in the UK whereas Zainab is from Dubai. Zainab may authorise a relative or friend living in the UK over the phone to contract her marriage with Ahmad. If she selects her relative Zaid to be her agent, then Zaid at the time of the marriage ceremony in the presence of at least two male or one male and two females witnesses will say “I being the agent of Zainab daughter of such and such person have given her in the marriage to Ahmad for “x” amount of dowry. Then Ahmad will reply by saying; “I have accepted Zainab in my marriage in the presence of the witnesses.” The marriage will then be considered as valid. (Al Ikhitiyar li Talil Mukhtar p.121 v.2)

The Prophet of Allah Salallahu Alahi Wasalam has said, “A lady is married for one of four reasons, wealth, rank, beauty or piety. Choose the possessor of piety and achieve success.” (Sahih Bukhari p.762 v.2)

Regarding this hadeeth, Hafiz Ibn Hajar (RA) has said in Fathul Bari: “And it is taken from this that one with a noble lineage, it is better for him to marry one with a noble lineage, unless the lineage contradicts with a religious woman, or one with noble lineage contradicts a non-religious woman, then the religious woman is chosen. And it is likewise in the other three traits.” (p.41 v.9)

The Jurists have stated that among Arabs, a non-Quraishi male is not a match (Kuf) for a Quraishi woman, nor can any person of non-Arab descent be a match for a woman of Arab descent. For example, the Sayyids, whether Siddique or Farooque, Uthmaani or Alawi, or belonging to some other branch can never be matched by any person not sharing their lineage, no matter his profession and family status. The Sayyids are suitable matches for one another, since they share descent from the Quraishi tribe. Thus, marriages between themselves are correct and permitted without any condition as appearing in Durrul Mukhtar:

“And Kafaah in lineage. Thus the Quraysh are suitable matches for one another as are the (other) Arabs suitable matches for one another.”

The ruling relevant to non-Arabs is as follows: ‘An Ajmi (non-Arab) cannot be a match for a woman of Arab descent, no matter that he be an Aalim (religious scholar) or even a Sultan (ruling authority). (Raddul Muhtar p.209 v.4)

Among Arabs, Kafaah with regards to professions is not considered since such does not usually form a basis for respectability in their society. Rather, all professions are regarded equal. A person of a certain profession does not usually regard another as of lower in status. This is contrary to the practise of non-Arabs who consider professions as status in their society. Professions are accorded different levels in status and on this basis; association of a person of superior profession with another of a lesser degree is regarded as difficult. It is for this reason the noble Shari’ah has taken Kafa’aat into consideration in worldly dealings (although in the sight of Allah, such things are no measure of superiority or inferiority).

Thus, the jurists have stated that a weaver is not a Kuff (match) of a tailor, rather he is inferior nor is a tailor the Kuff of a cloth merchant nor a cloth merchant the Kuff of an Aalim or Qadhi (judge of an Islamic court). (Raddul Muhtar p.211 v.4)

With regards to your questions according to the principles of the Hanafi Fiqh a non Sayid boy cannot be a Kuff for a Sayid girl. However, as the issue of Kafaah is looked from the girl’s side and not from the boy, thus, a non-Sayid girl can be a Kuff for a Sayid boy. In terms of whether the marriage of a Sayid boy or girl to a non – Sayid is permissible or not there are differences of opinions with the mufta-bihi-qawl (upon which the fatwa has been given) is on the verdict of Imam Abu Yusuf and Imam Muhammad. They say due to the corrupt nature of society if a woman gets married without her guardian’s permission, the marriage will still be valid.  (Raddul Muhtar p.157 v.4)

Therefore, the conclusion we can come to that it will be permissible for you to marry the girl in question even though she is from an Arab descendant.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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