Is it permissible for a man to marry a divorced woman, through an ‘Urfi (customary) marriage, without her guardian’s permission, and with witnesses who are not from the families of either party?

The guardian (wali) is a condition for the validity of marriage, according to the preponderant opinion of jurists. The proof for this is what Ahmad, Abu Dawud, Al-Tirmidhi, and Ibn Majah narrated from Aisha, may Allah be pleased with her, that the Messenger of Allah, peace and blessings be upon him, said: "Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid."

Based on this, if the marriage takes place without the guardian's permission, it is an invalid marriage. It does not matter whether the witnesses are from the families of the contracting parties or not. If the marriage fulfills the conditions of validity, it is a valid marriage, whether it is called an 'urfi (customary) marriage or otherwise.

It is not a condition for the validity of marriage to document and write the contract, but doing so is better; to preserve rights and settle disputes. Ibn Juzayy al-Maliki said in "Al-Qawanin al-Fiqhiyyah": "The fifth issue: Regarding the writing of the dowry, it is not a condition. Rather, it and other documents are written to affirm rights and remove dispute."