Is it permissible for a divorced woman to appoint the imam of the mosque or one of the righteous religious scholars as her guardian in her marriage, without the knowledge of her brother who opposes her marriage and threatens her because of her previous marriage, given that the conditions for a valid marriage are met, and is this case considered one of the cases for transferring guardianship?

Marriage of a woman without a wali (guardian) is invalid according to the majority of scholars. The person with the most right to give a woman in marriage is her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then her paternal uncles.

If the brother lacks the eligibility for wilaya (guardianship), the wilaya transfers to the next closest guardian in the aforementioned order. If she does not have a suitable guardian, the Muslim judge marries her with her permission, based on the saying of the Prophet, peace and blessings be upon him: "The ruler is the guardian of the one who has no guardian."

If the brother is eligible for wilaya but prevents her from marrying ('adhal), there is a difference of opinion regarding the permissibility of transferring the wilaya to the next closest guardian without referring to the ruler. The more preponderant opinion is that it transfers to the next closest guardian.

Therefore, it is not permissible for this woman to marry under the wilaya of an imam of a mosque or anyone else, as long as she can marry through a guardian or a Muslim judge.

It is also not permissible to conceal the marriage in order for the mother to retain custody, despite the existence of a demanding custodian. In disputes regarding custody matters, one should refer to the Islamic judge.