What is the legality of marriage through modern means of communication? In jurisprudence and Libyan law

Abstract

Islamic jurisprudence is flexible in nature, so that no matter how the facts change, it remains valid to apply its rules and controls to all new facts. Looking at the provisions of Sharia and legal texts, we find that there is no objection to the use of modern means of communication in our contracts in general, and in the marriage contract, especially if the Sharia and legal controls in its use are taken into account, but this remains in the case of necessity, when its conditions are observed. The modern means of communication through which the marriage contract can be concluded are of three types: written. or audio. or audio-visual. The contract council shall be in this period of time during which the two parties to the contract formula communicate, whether the two contracting parties are present or absent. Time is the focus of the contract council for its ability to absorb its wise and real images. The council of the marriage contract ends through modern audible means of communication such as the telephone and the like, with the interruption of the call, or by separation and turning away, and the council is not renewed except with a new affirmation. in another board. The requirement of certification is achieved through these means, relying on what has been achieved by modern technology. The Marriage and Divorce Law No. 10 of 1984 did not address electronic marriage, and its articles were not amended in line with the information development.