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According to the view of the majority of scholars, it is not permissible for a woman ( virgin or previously married) to marry without the permission of her guardian.
It was narrated that ‘A’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Narrated by al-Tirmidhi
Some scholars use the following hadith to differentiate between a virgin woman and a previously married one:
Ibn Abbas (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: “A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.”
Reported by Muslim
They understood that a previously married woman can marry herself to a suitor without the permission of her guardian.
Other scholars understood from the hadith that a previously married woman can’t marry herself to a suitor without the Wali’s permission, but understood that she must be consulted before her Wali accepts a suitor and she has more right to argue with her Wali and demand her right to accept a suitor when he is turned away by the Wali while the previously married woman desires to marry the suitor.
