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A Jurisprudential and Legal Elucidation of Why the Acts of a Contractual Representative Affect the Obligations of the Principal in the Marriage Contract and Its Consequences
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Seyed Hasan Shobeiri Zanjani1   , Siamak Qiasi2 , Seyed Hassan Mobarez3 |
1- Associate Professor, Departmant of Intelectual Property Law, University of Qom, Qom, Iran.
2- Assistant Professor, Al-Mustafa International University, Qom, Iran
3- Ph.D Student, Al-Mustafa International University, Qom, Iran. (Corresponding Author) |
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Abstract: (142 Views) |
| Marriage contract (‘aqd al-Nikah) is considered one of the most significant agreements within the domain of private law. In this type of contract, the parties may appoint an agent (wakil) to carry out certain matters related to the marriage contract on their behalf. This implies that both Islamic jurisprudence (fiqh) and civil law recognize the principle that acts performed by a contractual agent legally bind the principal. In this context, the question arises as to why and how the acts of a contractual agent affect the obligations of the principal. Accordingly, it is first necessary to clarify the rationale behind this legal effect and then examine its consequences in order to delineate its scope. Given that this issue has not been sufficiently and appropriately addressed by scholars, the present study - employing a descriptive-analytical methodology and relying on library-based research - aims to answer this question. The findings indicate that, by recourse to established jurisprudential principles and statutory regulations, the binding effect of a contractual agent’s acts within the framework of a marriage contract can be justified. These jurisprudential principles include considerations of public interest (maslaha) and the avoidance of hardship and undue difficulty (‘usr wa haraj). Furthermore, statutory provisions - themselves grounded in Islamic jurisprudence - also endorse this principle. The consequences of recognizing the agent’s acts as binding on the principal entail that, provided the agent operates within the prescribed framework and mechanisms of agency, all resulting obligations will be directly attributed to the principal, who must accordingly accept and fulfill them. |
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Article number: 7 |
| Keywords: Contractual Agent, Marriage Contract, The Principal's Obligations, Jurisprudence, Expediency. |
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Full-Text [PDF 563 kb]
(36 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/07/30 | Revised: 2026/05/20 | Accepted: 2025/11/15 | Published: 2026/03/21
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