Is a civil marriage contract under Tunisian law considered valid, given the absence of the well-known formula of proposal and acceptance between the groom and the guardian, and sufficing with the acceptance of the spouses before the authorized official and in the presence of the guardian and two witnesses?

Among the conditions for the validity of marriage are "offer and acceptance." The offer is the statement made by the guardian (wali), and the acceptance is the statement made by the husband. If the statement of offer comes from the woman, the marriage is not valid according to the majority of scholars, and this is the relied-upon opinion. However, the Hanafis held that a woman marrying herself is valid. A marriage that has already taken place in this manner is valid and does not need to be redone, because the ruling of a judge removes disagreement; so if a judge rules a marriage valid, it cannot be overturned. It is obligatory to conduct new marriages according to the Sunnah (definition) and what the majority of scholars have decided, which is the condition of having a guardian.