Is it permissible for a man to marry a woman secretly, without her guardian's knowledge, with a complete and legally valid contract, in the presence of only two witnesses, and after paying her Mahr and all marriage requirements; in order to prevent them from falling into sin, and to avoid the woman being deprived of her daughter if her ex-husband finds out?

The majority of scholars stipulate the guardian (wali) as a condition for the validity of marriage, and they consider a woman's marriage without a guardian to be invalid. This is the soundest opinion due to the strength of its evidence. It is not permissible to resort to deception to conceal a marriage for fear of losing custody, as Islamic law has revoked custody from a woman if she marries. Marriage without a guardian, according to the majority of scholars, is invalid, but it does not reach the level of fornication. One should investigate the reason for the wife's abandonment of the marital bed and address it if possible.