The ruling on doing the marriage contract in the presence of the wali (guardian) but with the proposal and acceptance done between the husband and wife

Question

Praise be to Allah.

One of the
conditions of the marriage contract being valid is the proposal and
acceptance.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said: The proposal is the words
uttered by the wali or his proxy, and the acceptance is the words uttered by
the husband or his proxy.

So for example the
guardian, such as the father, brother, and so on, says: I give my daughter
(or sister) to you in marriage; this is the proposal, and the acceptance is
the words uttered by the husband or his proxy.

The one who may
take the place of the guardian is his proxy or representative, who is the
person to whom he has given permission to act on his behalf whilst he is
still alive [like power of attorney]. For example, he can say: I appoint you
to act on my behalf in giving my daughter in marriage.

End quote from
ash-Sharh al-Mumti‘, 12/37

If the proposal
comes from the woman, the marriage contract is not valid, even if it is in
the presence of her guardian and with his approval. This is the view of the
majority of scholars (may Allah have mercy on them) and this is the view
favoured by this website.

The Hanafis are of
the view that it is valid for a woman to give herself in marriage. For more
information, please see the answers to questions no.
7989,
97117,
126569

But because this
matter is the subject of a difference of scholarly opinion, and the people
and courts of your country follow the Hanafi madhhab in this issue, then the
marriage that was done in this manner is valid, and there is no requirement
to repeat it, because the ruling of the authorities is to be followed and
the issue is no longer to be regarded as controversial. al-Bahooti (may
Allah have mercy on him) said: If a woman gives herself or someone else –
such as her slave woman, daughter or sister and so on – in marriage, or the
woman appointed someone other than her guardian to give her in marriage,
even if that was with the permission of her guardian, the marriage is not
valid because its conditions were not fulfilled.

But if a judge
rules it to be valid, it is not to be annulled, or if the one who did the
marriage contract was a judge who thought that it was valid, it is not to be
annulled.

The same applies
to all invalid marriages: if they are not regarded as invalid by the one who
did them they are not to be annulled, because this is a matter that is
subject to ijtihaad, therefore it is not to be annulled if it is deemed to
be correct by the one who did it.

End quote from
Kashf al-Qinnaa‘, 5/49

However, what is
required is to do future marriage contracts in the manner dictated by the
Sunnah and approved of by the majority of scholars. So the marriage done in
this manner (in which it is stipulated that the marriage contract he done by
the guardian) is valid according to scholarly consensus, because it is a
precaution to safeguard chastity and avoid a matter concerning which there
is a scholarly difference of opinion, unlike the marriage contract which is
not done by the guardian as required in sharee‘ah, which the majority of
scholars do not regard as valid.

Here it is
essential to differentiate between marriages that have already taken place
and were deemed to be valid, and people based their actions on that, and
future marriages (in which care should be taken to do them in the manner
approved of by the majority of scholars).

And Allah knows
best.