Marriage Without a Guardian is Invalid
Shaykh Salih al-Fawzan explains that a marriage without a guardian (walī) is null and void. A valid marriage requires a walī, consent of both spouses, and two upright witnesses. Without these conditions, the marriage is not considered valid.
Questioner:
What is the ruling on a woman’s marriage without a walī?
Shaykh Ṣāliḥ al-Fawzān:
[The marriage] is null just as the Prophet said, “Whenever a woman marries without a walį (guardian), her marriage is null, null, null.” There must be a walī.
Questioner:
Are there conditions for the marriage contract?
Shaykh Ṣāliḥ al-Fawzān:
Yes, the first condition of a marriage is the walī, the second is contentment of both spouses, and thirdly is attestation. There is no marriage except with a walī (guardian) and two upright witnesses.