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The question

Is the marriage valid if it took place between a Muslim man and a Filipino woman who converted to Islam, with the consent of her non-Muslim brother and mother given virtually, and in the presence of the husband, wife, and two witnesses, and the husband said: "In the name of Allah, praise be to Allah, and prayers and peace be upon the Messenger of Allah, I marry you to myself according to the Book of Allah and the Sunnah of His Messenger, upon the madhhab of Imam Abu Hanifa Al-Nu'man," and the wife accepted, and a mahr and jewelry were given without a written contract?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The guardian (wali) and witnesses are two fundamental conditions for the validity of marriage. If a woman does not have a Muslim guardian, she should refer the matter to the Sharia judge. Otherwise, she should appoint a trustworthy Muslim man to marry her. It is not permissible for a disbeliever to act as the guardian for the marriage of a Muslim woman. If the contract was concluded without a guardian, in imitation of the Hanafi school of thought, the preponderant opinion according to us is that it is valid. Renewing the contract before a judge is a precautionary measure that is more preferable and clears one's conscience.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
194755
Imported
Translation status
Source text, unreviewed
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