zina (illegitimate sexual intercourse). Pronouncing the words of marriage during sex conversation does not authorize any act of marriage or mean that those having this conversation have made a marriage contract within themselves. Marriage in Islam is a solemn contract that has its own rules and conditions without which any other kind of intimate relation is considered invalid and illegal.
Islam blocks all the ways that lead to illegitimate sexual intercourse. The Prophet (peace and blessings be upon him) said: ‘The eyes commit zina, the hands commit zina and the feet commit zina and the genitals commit zina.’ (Ahmad)
Whoever is involved in this act should know that it is one of the Satan’s traps, so he should repent to Almighty Allah sincerely and cut all his or her relations with whosoever is engaged with. Almighty Allah says, (Do not even come close to Zina. It is a shameful deed and an evil way.) (Al-Israa’ 17: 32)
On this issue, Wael`Abdul-Mut`aal Shihab, a Sharia researcher, states,
First of all, phone sex and other forms of illicit relations between men and women are strictly prohibited in Islam. Those who involve themselves in such illegal practices should sincerely repent to Almighty Allah, stop all illicit relations, fear Allah’s punishment, and return to the straight path before it is too late.
Just because a man calls a woman “his wife”, whether on the phone or during a face-to-face conversation, does not amount to a legal marriage. A legal marriage must fulfill the following requirements in order to be valid:
1. The marriage must be expressed in clear and unequivocal terms signifying the full consent of both male and female either in words or in writing.
2. It should be witnessed by two reliable Muslim witnesses.
3. It should also be publicized.
4. The wife’s guardian should give his consent
5. Amahr should be paid to the bride.