آثار و احكام نكاح فضولي كبيرين در فقه اماميه و حقوق ايران با رويكردي به نظر امام خميني (س)

Consequences and Decrees of Marriage Contract by an Uncommissioned Agent in Imamiyeh Jurisprudence and Law of Iran With Special Reference to Viewpoints of Imam Khomeini

Marriage by an uncommissioned agent is marrying a person on behalf of a spouse without the permission of the spouse. According to most of the jurisprudents this kind of marriage contract is a correct but ineffective marriage contract that will come into effect as soon as the spouse or his representative gives his consent. If finalization of marriage contract is necessary by one of the spouses in an uncommissioned marriage contract and the same spouse passes away, some jurisprudents maintain that the mere consent makes inheritance mandatory, but Imam Khomeini and some other jurisprudents hold that the spouse becomes entitled to inheritance after the consent and swearing. If one of the spouses is an adult who has initiated the contract and the other party is a person who has gotten married but has not yet announced her consent, in this case the decree will come into effect only when the said party announces her consent. If the person who has gotten married by an uncommissioned agent rejects the marriage, it will become null and void. But if the person who has gotten married through uncommissioned agent asks for a marriage portion different from what the marriage contract had set, the marriage is nullified.