The Jurisprudential, Legal Analysis of Muatati Marriage and How to Express Will Therein

Document Type : Specialized Article

Authors

1 PhD student in public law at Allameh Tabataba'i University

2 Master's degree in private law, Imam Sadiq University

Abstract

One of the kinds of marriage that has long been the subject of discussion by jurists, is Muatati marriage. The question is that whether the Muatati marriage can be considered legitimate? Regarding the acceptance or rejection of this type of marriage from the perspective of jurisprudence and law and the method of expressing will in the assumption of its being legitimate there is much controversy among jurisprudents as to its authenticity. Many jurisprudents do not consider Muatati marriage to be legitimate and consider the existence of the terms ‘proposal’ and ‘acceptance’ in the marriage contract to be one of the conditions of the validity of the marriage. Some also refer to the marriage and social system as being ceremonial, but it appears as if none of these can be strong reasons for the creation of a new condition in the marriage contract and consider the entry of the term to be the condition of marriage. The term is one of the ways to express the will in the drawing up of the marriage contract, but other expressions such as writing or actions that indicate an intention, can also lead to the formation of the marriage. That is because, despite the existence that the term, has explicitness in the stating of the purpose and individuals in order to express their opinions, use terms more, but this dominance is not a reason for restriction to word. Therefore, if another explicit distinguished actions is found, there is no reason for the exclusivity of announcing their intention through words. Outstanding acts of will can be any act which is a reflection of the intention of marriage according to social norms.

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