What is the ruling on the marriage of a previously married woman (thayyib) that took place عرفيًا (customarily/unofficially) with the assistance of a ma'dhun (marriage official), where the ma'dhun acted as the first witness and his lawyer as the second witness, and no one knew about this marriage? And is divorce obligatory for the wife if the marriage is invalid (batil) or corrupt (fasid)?

Marriage without a guardian (wali) is invalid according to the majority of scholars, and it is considered a فاسد (corrupt/irregular) marriage. However, it is valid according to the Hanafis if the contract is concluded before a judge or a marriage officiant (ma'dhun) in the presence of two witnesses. It is not annulled by the majority.

If the marriage officiant did not officially register it, then it is annulled.

Divorce is necessary to exit this corrupt marriage. If the husband does not divorce, their marriage is annulled by a judge.

For the validity of the contract, it is a condition that two Muslim witnesses attest to it, and there is no objection to the officiant being one of the witnesses.

If the husband refuses to divorce, the wife should take her case to the judiciary so that the judge may order him to divorce or annul their corrupt marriage.