What is the legal status if one of the spouses becomes insane after appointing an agent or being subject to arbitration?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 2 · Bab 1

Open in Qurani

Primary text

If one spouse becomes insane, the authority of their agent is nullified because the agency terminates upon the insanity of the principal (Muwakkil). If they were subject to arbitration, the judges cannot issue a ruling because the conditions for judgment require the continuation of discord (shiqāq) and the presence of the litigants, neither of which is established during insanity.