What is the ruling on someone who married a virgin girl in the Sharia court without the knowledge of their families, then the girl was officially engaged by her family, and they agreed to the engagement and the marriage contract in the absence of her father, knowing that there was a previous secret marriage and the wife and husband have repented and wish to rectify their marriage, and they have two children?

The majority of jurists hold that marriage without a guardian (wali) is invalid, based on the Prophet's (peace be upon him) sayings: "Any woman who marries without the permission of her guardian, her marriage is invalid," and "There is no marriage except with a guardian and two just witnesses." However, Abu Hanifa holds that a woman can marry herself. The view of the majority of jurists necessitates the annulment of a marriage without a guardian, but the child is attributed to the marriage contract to avoid doubt.

If the ruler or his deputy undertakes the marriage contract without a guardian, it is not invalidated, as he represents the guardian of authority. Ibn Qudamah stated that if a judge rules on the validity of such a contract or undertakes its contract, it is not permissible to annul it, and this is the correct view among jurists in such cases. The Sharia (definition) court that solemnizes such a marriage may base its ruling on the Hanafi school of thought.