Is it permissible for an expatriate woman to marry at the embassy without a guardian (wali), and is it permissible for her to appoint the ambassador as her guardian?
The majority of scholars stipulate the guardian (wali) as a condition for the validity of the marriage contract. The guardian is not required to be present at the contracting session; rather, he may delegate someone else, and delegation is permissible via telephone. The absence of the guardian does not forfeit his right to guardianship; instead, he should be awaited or contacted. If his absence is protracted, making it impossible to contact him, and the woman would be harmed, then the next closest guardian may marry her off; otherwise, the judge. If the woman has no guardian suitable for marriage, or if the guardian prevents her from marrying a suitable match, then the ruler (the governor or his representative) may marry her off.
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