Is the marriage of a previously married woman (thayyib) who has no guardian (wali) valid if the contract was written by a university friend specializing in Sharia, without her presence or being seen by the two witnesses, and without her verbal acceptance being presented to the notary or witnesses?
This marriage is invalid due to the absence of a guardian (wali). It must be renewed in accordance with regulations, which include the presence of a guardian, witnesses, and offer and acceptance, bearing in mind that testimony cannot be given for an unknown person. It is not a condition for the validity of the contract that it be concluded by a marriage officiant (ma'dhun) or a court; rather, it suffices for it to take place in the presence of the woman's guardian or his agent, with the testimony of witnesses, the occurrence of offer and acceptance, and the absence of impediments. It is preferable to document the contract with official authorities to safeguard rights.
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