Is a marriage, officiated by the wife's maternal uncle as her guardian, valid in Islamic law given that her father has been absent for ten years and did not grant permission, and what is incumbent upon the husband, especially after the father demanded the wife divorce, claiming the marriage contract is void due to his disapproval, citing the Prophet’s (peace be upon him) sayings: “There is no marriage except with a guardian,” and “Any woman who marries without the permission of her guardian, her marriage is void, her marriage is void, her marriage is void”?

A marriage contract is not valid without a guardian (wali). If the guardian is absent for a distance that permits shortening prayers (qasr), then the judge marries her. If the maternal uncle conducted the marriage contract by order of the judge, then the contract is valid. However, if it was done without referring to the judge, it is not valid, because the maternal uncle is not among the guardians. Therefore, if the woman wishes to stay with her husband, she must appease her father so that the marriage contract can be re-conducted under the guardianship of the father.