Is the marriage contract considered valid if the woman is an orphan with brothers, and she appointed the ma'dhun (authorized marriage official) to be her wali (guardian) in the marriage contract, knowing that one of her brothers – who is her legal wali – did not refuse the marriage but also did not say "I give you my ward in marriage," and it was the ma'dhun who said it?

The requirement of a guardian (wali) for the validity of marriage is the opinion of the majority of scholars, and it is the preponderant view. There is no difference between a virgin and a non-virgin in this regard. A marriage contract without the guardian's permission is invalid, and it cannot be rectified by the guardians' approval after its completion. If the guardian is unable to be present, he may appoint someone to act on his behalf. If it is impossible to reach him, the Muslim judge (qadi) shall undertake the marriage contract. If no judge is available, she may appoint a trustworthy man from among the general Muslim community.

This invalid contract can become valid if a judge who deems it valid ratifies it, or if you both follow the opinion of someone who does not stipulate the guardian.

A Muslim must consult scholars before undertaking any religious act.