Is a marriage contracted over the phone in the presence of witnesses invalid or valid, taking into consideration that the marriage occurred in a non-Islamic country, and the wife is divorced, has no guardian, and her guardian is no longer applicable?

Marriage of a woman without a wali (guardian) is invalid according to the majority of scholars. The woman's wali is her father, then her grandfather, then her son, then her brother. If there is no righteous wali available for guardianship, then her wali is the Muslim judge. If his presence is not possible, then a trustworthy Muslim man known for his uprightness assumes her marriage. The majority of scholars stipulate the presence of witnesses for the marriage contract. Contemporary scholars have differed on the validity of a contract with witnesses via phone.

We advise presenting the matter to a Sharia (definition) court or to trusted scholars. It is not permissible for someone who believed in the validity of a marriage to then retract and base a ruling on its invalidity just to suit their desires, as this is impermissible. Ibn Taymiyyah said: "It is not permissible for anyone to believe something is permissible and impermissible at the same time. Whoever believes something is permissible must continue to believe it as such, whether it aligns with their purpose or contradicts it. A husband who considers intercourse with his wife permissible is not allowed to work towards invalidating the marriage after divorce."