Is the marriage contract considered valid after offer and acceptance took place between the guardian and the husband over the phone, with no witnesses present at the time, and then the husband consummated the marriage with the woman? And does the testimony of two witnesses validate the contract after consummation? And is expiation (kaffarah) obligatory in this case?

The majority of scholars stipulated, for the validity of marriage, the testimony of two Muslim, upright witnesses at the time of the contract. Some scholars, however, held that witnesses are not a condition if public announcement (of the marriage) occurs. As for the testimony of women, it is not valid according to the majority of jurists. It is stipulated that the contract must include an offer, acceptance, and a guardian. If the marriage takes place without public announcement or witnesses, then it is a secret marriage and is invalid.