Is the legal marriage contract considered Islamically valid and effective, given that it was not officially documented with government agencies in the country of residence due to the unavailability of documentation requirements? And does it necessitate seeking a divorce, or is it considered void?

The sight of one another by thefiancés is not a prerequisite for the validity of the engagement or the marriage contract. Nor is it a prerequisite for the validity of the contract that the marriage be documented in courts. Rather, it is concluded by offer and acceptance in the presence of two just witnesses.

If the legal contract was concluded in the presence of the guardian, the husband, and two witnesses, then she has become a wife and a legal divorce is required for separation.

As for a marriage contract by telephone, the Islamic Fiqh Academy deems it invalid due to the requirement of witnessing. The Shafi'is stipulate that the witnesses must have sight, while the majority permits the testimony of a blind person if the voice is ascertained.

It is preferable, for caution, to conduct the contract in the presence of the parties and witnesses. Representation by proxy is permissible.

If the contract was invalid, no divorce is required. If it was valid, then divorce is required. There is no waiting period (iddah) if the husband has not consummated the marriage with her; otherwise, the waiting period is required.