Is a marriage contract for a Muslim woman residing illegally in a European country, with the consent of her brother and the presence of two witnesses, and conducted online with identity verification, considered illegitimate?

For a marriage to be valid, the presence of a guardian (wali) is a prerequisite. The order of guardians begins with the father, then the paternal grandfather, no matter how high in ascent, then the son, no matter how low in descent, then the full brother, then the half-brother (from the father's side), then their sons, then the full paternal uncle, then the paternal uncle (from the father's side), then their sons. It is not permissible for a more distant guardian to give a woman in marriage if a closer guardian is present, except in exceptional cases such as when the closer guardian refuses to give consent (adhal), or is not competent, or is absent with a severed absence.

A marriage contract conducted over the Internet or by phone is invalid due to the requirement for the physical presence of the groom, the guardian, and the witnesses. Furthermore, the Permanent Committee for Scholarly Research and Ifta and the Islamic Fiqh Council have issued fatwas prohibiting this, out of concern for fraud and deception, and to safeguard honor and chastity.

Therefore, if this woman has a closer guardian, or if the contract was conducted over the Internet, the contract is invalid, and she should be avoided until a new, valid contract is established.