Is the marriage contract valid if the pronouncement of the صيغتي الإيجاب والقبول (formulas of offer and acceptance) did not take place, and the couple merely signed the written contract, and is it permissible for the woman's guardian (wali) to be one of the witnesses to the contract, bearing in mind that the Maliki school of thought is followed in the inquirer's country?

The question involves two fundamental issues that invalidate the marriage contract: First, the contract was not verbally articulated; rather, written form was deemed sufficient. Second, one of the two witnesses to the contract was the guardian himself. The form of the marriage contract must be verbally articulated, and writing is not sufficient except for a mute person or someone incapable of speech. Furthermore, a marriage contract is not valid without the testimony of two just witnesses, neither of whom is the guardian. Therefore, the aforementioned marriage contract did not fulfill its essential elements, and it must be annulled. Afterward, a new marriage can be contracted with a valid agreement following a period of 'iddah (waiting period for remarriage). Any offspring, if present, are attributed to the husband due to ignorance [of the invalidity of the contract].