What is the ruling regarding a wife remaining with her husband in an invalid marriage due to premarital fornication, the absence of a guardian and two witnesses in the marriage contract? Is it permissible for her to remain with him without physical contact or without hijab, or not? What is the status of her children? Are her righteous deeds accepted? Can she be treated as a non-Muslim in this situation? And does her repentance erase what has passed and permit her to remain with her husband?

A marriage contract concluded without a guardian (wali) or witnesses is invalid and unsound. The mere consent of the guardian is not sufficient for the validity of the contract unless the guardian directly conducts the marriage or delegates someone else. Even the Hanafis, who permit an adult woman to marry herself, stipulate that the contract must be witnessed by two men, or one man and two women. Therefore, the woman must separate from the husband. If they wish to rectify the marriage, a new contract is necessary. As for the children, they are attributed to this man, as long as they married believing in the validity of this marriage.