What is the required procedure if a woman contracts a marriage without a guardian (*wali*)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If a woman contracts marriage without a guardian, the guardian has no authority to marry her to someone else unless the existing marriage is first dissolved by a divorce (*talaq*). If the marriage is not dissolved by divorce, it could lead to the woman being married to two husbands simultaneously, both believing their marriage to be valid.
Supporting text
The dissolution via divorce is considered analogous to any marriage contract where there is scholarly dispute concerning its validity.