What is the ruling when an agent marries a woman for his principal but marries a different woman or marries without the principal's permission?
General Chapter
Al-Mughni
Book of Agency
Primary text
In one narration, the contract is invalid under all circumstances. This is the position of Al-Shafi'i. The reasoning is that specifying the husband is a condition for the validity of the marriage contract. If the marriage occurs without the principal's permission, it is void for both the principal and the agent because the intent relates to the specific individuals involved, unlike in sales where one may purchase an unspecified item for another.
Supporting text
The second narration holds that the marriage contract is valid, contingent upon the ratification of the person being married on his behalf. If he ratifies it, it is sound; otherwise, it is nullified. This is the position of Abu Hanifa, treating the ruling similarly to the previous discussion regarding sales contracts.