What is the ruling on "distance" marriage of both types: in the first type, the man and the woman travel to a distant village where a scholar performs their marriage contract, and the woman appoints him as her agent and makes him her guardian, then the man's family informs and gives gifts to the girl's family, who then accept; and in the second type, the legal guardian is absent for a long distance, so the woman comes with the man to a scholar to perform their marriage contract with the woman's authorization, then the man's family informs and gives gifts to the girl's family, who then accept?
"Distance marriage" is not valid in the two aforementioned types except according to those who do not stipulate guardianship (wilaya) in marriage. The second type, where the guardian is absent, is valid if the woman entrusts her affair to the judge of her city or his representative when her guardian is absent for a distance of qasr (the distance at which prayers can be shortened) or more, and not to any scholar or sheikh. As for the first type, which is the woman and her suitor traveling deceitfully to circumvent the guardian's right, it is not valid, because the absence that nullifies his right is his own absence, or his absence by right from the ruler, and not her traveling away from him.
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