How to Marry some girl that doesnt have a wali if she cant be present at the mosque ( Because we live far away from each other)? do i have to take a paper with me that confirms that she wants to marry me if an imam wants to take the position as a wali? note that the imam never seen ehr and hes not able to.
Praise be to Allaah.
If the girl does not have a guardian, her marriage should be
done by the sharee’ah judge. If there is no sharee’ah judge, then her
marriage should be done by a man of status among the Muslims, such as the
imam of the mosque or Islamic centre, or a well-known scholar. If none of
these are available, then her marriage should be done by one of the Muslim
men. See the answer to question number
In order for the marriage to be valid, it is essential that
it be witnessed by two Muslim witnesses, who should testify that the
proposal was made by the guardian and the acceptance by the husband, because
the Prophet (blessings and peace of Allaah be upon him) said: “There is no
marriage except with a guardian and two witnesses of good character.”
Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as
saheeh by al-Albaani in Saheeh al-Jaami, no. 7557.
If you are in one city and the girl is in another city, and
she does not have a guardian as you said, then the way to do the marriage is
for her guardian to be one of the people of her city, such as the imam of
the mosque or the Islamic centre, as stated above. He should make sure that
she wants to get married and that she is pleased with you. Then he should
appoint a person to act as his deputy in your city, who can do the marriage
contract with you; or the marriage contract can be done between you and him
by phone or by a chat program on the Internet, in the presence of witnesses
with you or with him who can hear his proposal and your acceptance.
The correct view is that a marriage done over the phone is
permissible when there is certainty that it is free of any deceit.
We put the following question to Shaykh Ibn Baaz (may Allaah
be pleased with him):
I want to do the marriage contract with a girl but her father
is in another city, and at present I cannot travel to him in order for us to
meet and do the marriage contract, due to financial and other reasons. I am
in a foreign country. Is it permissible for me to contact her father and
for him to say to me, “I give my daughter so-and-so to you in marriage” and
for me to say “I accept”, and the girl is willing, and there are two Muslim
witnesses who can hear my words and his words via loudspeaker on the phone?
Is this regarded as a legitimate shar’i marriage contract? He replied that
what is mentioned, if it is genuine (and there is no deceit involved),
fulfils the conditions of the shar’i marriage contract and the contract is
See the answer to question number
And Allaah knows best.