What is the ruling on a Saudi widow marrying her foreign cousin in the presence of her foreign brother as a marriage guardian and witnesses, without the contract being documented, knowing that she has adult children who did not know of her marriage until after it was completed? And what should she do? And is her brother considered her guardian in this case?

Scholars have differed regarding who has the primary right to be the guardian (wali) for the marriage of a free woman. Some prioritize the son over other relatives, while the majority hold that the father takes precedence. In the absence of both the father and the grandfather, they differ on whether the brother or the son should be prioritized. If the son is present and chooses the brother to act as guardian, jurists differ on the validity of the marriage. Some hold it invalid unless there is a legitimate excuse, while others deem it valid but contingent upon the guardian's approval. The differing nationalities of the guardian and the husband do not affect the ruling. In matters of dispute, it is advisable to refer them to the Sharia court.