Is it legally obligatory to divorce my forty-year-old divorced woman, whom I married without a guardian, as I appointed a just man over the phone without witnesses to the agency, and I completed the offer and acceptance with him in the presence of two witnesses, knowing that the contract was not documented in court, and that the personal status law in our country affirms the validity of a mature thiyb's marriage of herself, and that her guardians refuse her marriage to me because I do not reside in her country?

The guardian is a condition for the validity of the marriage contract, and it is not valid without him, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian and two just witnesses," and his saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."

If the woman has a Muslim guardian, the contract is invalid, but it is not considered zina (fornication) due to the semblance of marriage, and it is dissolved by divorce. She can then marry after her iddah (definition) (waiting period) with a contract that fulfills all conditions.

If she does not have a Muslim guardian, then the ruler (Sultan) is the guardian of one who has no guardian. If there is no ruler, then the Islamic center takes the place of the judge. If neither is available, the woman may appoint a trustworthy and just person to marry her if the guardian or ruler is far away. However, if they are nearby, this is not permissible.

Documenting the contract in court is not a condition, but it is important for safeguarding rights. Authorizing by phone is permissible.