What if the son knew about the marriage and approved of it; is the contract therefore considered valid, and a new contract is not necessary?

The majority of jurists hold that a marriage contract is invalid if it is concluded without the guardian's consent, basing their view on Prophetic hadiths such as "There is no marriage except with a guardian" and "Any woman who marries without the permission of her guardian, her marriage is invalid."

Therefore, a contract concluded without the guardian's consent is a corrupt contract and cannot be validated by subsequent approval from the sons.

This contract must be annulled, either by the husband divorcing her or by a ruling from a Sharia judge, and then a new marriage contract that fulfills the Sharia conditions must be concluded.

If the wife embraces Islam after the contract, the guardianship of her Christian sons and paternal uncles is voided, because a disbeliever has no guardianship over a Muslim. In this case, the Sharia judge or Islamic centers in non-Muslim lands would undertake her marriage contract.