Thursday, June 28, 2007

Marriage by Telephone: Is it binding?


Among Jews, under certain conditions, it is. When Rabin's murderer was maintained in isolation in the prison, he got married. After the marriage was recognized, he started to enjoy marital visit privilege and got his wife pregnant (she is expecting a boy). (One interesting issue is if homosexual couples enjoy in Israel sex visit privileges: They do). The marriage was considered legal because the marriage was done with participation of Igal Amir's brother and father and through a rabbinic intermediary. Also our cousin religion, the Muslims, prefer face to face marriage but in certain conditions, accept intermediaries. The Fatwa Centre of the Islamic Network has declared that nikah rites (marriage agreement) through telephone is not permissible under Shariah law. “The presence of the parties - the future husband and wife - or their legally documented representatives like parents or brothers besides two adult witnesses is required,” it said. The Fatwa came in reply to a question raised by a Palestinian woman living in the US, who was engaged to her cousin through telephone. She said, the nikah rites were done in a nearby mosque where she lives in the US, but the state’s laws there indicate that the two parties of the marriage should face each other, therefore the document was not endorsed by the state where the girl lives. I tend to think that Jewish and Muslim religions are more humane, liberal and advanced than Christians in issued related to marriage and reproduction. They are certainly closer to my own instincts.

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