How can one marry a girl residing in Saudi Arabia without her guardian, knowing that the guardian is a fundamental condition for marriage?
A
valid Islamic marriage is not permissible without a guardian (wali). If a woman marries without a guardian, her marriage is invalid according to the majority of scholars, and there is no difference in this regard between a "misyar" marriage and other types of marriages. If the guardian is absent and unable to directly conduct the marriage contract, he may delegate someone else, provided that the代理 (wakil) is qualified to act as a guardian. If the guardian is unable to be present or to delegate, then the judge is the one who marries the woman. Documenting the marriage contract is not a condition for its validity, but it preserves legitimate rights such as inheritance and lineage.
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