Is a secret customary marriage to a divorcée over forty, without a guardian, but with two witnesses, valid and permissible, given that the wife's family and neighbors are unaware, and communication with her occurs remotely?
The majority of scholars stipulate the guardian (wali) as a condition for the validity of marriage, so a woman cannot marry herself. It is permissible to complete the marriage through the guardian with the presence of two witnesses without publicizing it, even if some family members are unaware, though this is disliked. Ibn Qudamah said: "If he contracts it with a guardian and two witnesses, and they keep it secret, or they conspire to conceal it; that is disliked, but the marriage is valid." Documenting the marriage contract is a necessity to protect rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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