What is the liability of an agent who guaranteed the dower in an agency marriage if the principal denies the marriage?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the wife confirms the agent's claim in a marriage contracted on the husband's behalf, the guaranteed dower amount is due from the agent, unless the husband clarifies the situation before consummation. This is based on the principle that the agent admits the right exists in the principal's estate and that the agent guaranteed it, thus the admission of guarantee makes the amount due, analogous to guaranteeing a debt for a third party.
Supporting text
There is a differing view that the guarantor owes nothing because the primary debtor (the principal) is not held liable, so the secondary obligation is also voided. Another view states the agent owes the entire dower because the separation did not occur via the principal's denial, meaning the marriage is valid internally.