How can belief lead to the invalidation of a marriage (nikah) without a guardian (wali) or otherwise, despite the occurrence of divorce even though the marriage is invalid? And can the marriage be considered valid due to the differing proofs regarding the requirement of a guardian, along with the obligation of renewal with a guardian for one who is able, or the necessity of believing in the validity of the marriage without a guardian but with two witnesses for one who does not believe in its validity?

The accepted view is that divorce occurs in marriages whose validity is disputed among scholars, whether the husband believes the contract to be valid or not; because the occurrence of divorce does not necessitate the validity of the marriage. Ibn Qudamah mentioned that divorce occurs in disputed marriages, such as marriage without a guardian, unlike Abu al-Khattab who holds that it does not occur unless one believes in its validity. As for Khalil al-Maliki, he stated that annulment in a marriage whose validity and invalidity are disputed—even if the dispute is outside the madhhab (definition) if it is strong—is considered an irrevocable divorce, and there is no need to pronounce another divorce. Examples include the marriage of a pilgrim in ihram (definition) and the shighar (exchange) marriage of genitals for genitals.