Is the contract considered valid and effective if a man and a woman made a marriage covenant over the phone, in the presence of two witnesses, with the knowledge of the family and the mother's approval, and the wife was a thahib (previously married woman), adult, sane, and of sound judgment, and the legitimate formula was pronounced and Al-Fatihah recited, and no actual physical contact or consummation took place, and the purpose of this procedure was to avert legal penalties and suspicions before satisfying the father later? And what if the father forced her to marry another man and bear children with him; what is the status of the second contract, and how can one act?

The majority of scholars stipulate the guardian (wali) as a condition for the validity of marriage and consider a marriage without a guardian to be null and void. However, Abu Hanifa holds that the guardian is not a condition, and that a woman's marriage of herself is valid, with the possibility for the guardian to annul the contract if the husband is not suitable.

The preponderant view is that of the majority of scholars. However, if a woman contracts her own marriage, emulating the madhhab (definition) of Abu Hanifa, and the husband is suitable, or her guardian approves the contract, then they are not required to separate. It is more prudent to renew the contract to ensure its validity by consensus.

As for marriage via telephone, it is invalid because the witnesses cannot see both parties to the contract. Consequently, the marriage contract concluded over the telephone is invalid. If the guardian performs another contract thereafter, that subsequent contract is the valid one.

The man and woman must sever the illicit relationship between them. If the woman is not desirous of marrying the man her guardian arranged for her, she may try to convince her father to divorce her or grant her khul', and then try to convince him to marry her to the other man. If he is not convinced, and the other man is pleasing in his religiosity and character, she may refer her case to the ruler to marry her to him. It is better for her to obey her father unless his action stems from obstinacy.