Is a marriage contracted by the father with a second woman secretly, without a formal contract, which the court subsequently affirmed by ordering the payment of the dowry and the arrangement of a small celebration, considered a legitimate marriage, given that the two witnesses refused to write the contract due to the absence of the guardian and the first wife's consent? Is a child born from this marriage considered illegitimate? Is it permissible for the children to abandon their father upon their mother's death, in fulfillment of her dying wish that he not be allowed to marry that woman?

If the father's marriage was valid and met all conditions, then the consent of the first wife or the knowledge of the children is not required. If the marriage was without a guardian (wali), it is invalid, unless a court rules it to be valid. He must immediately separate from her if the marriage was invalid, then contract a new marriage with her that fulfills all conditions. The child is attributed to him in both cases, whether the marriage was valid or based on a misconception (shubhah). The mother's will to prevent the father from marrying cannot be enforced, and the father cannot be ostracized for his marriage.