A Review of Lunatic's Marriage from Islamic Jurisprudence and Iranian Law Perspectives

Lunatic is someone who spends his property on improper motives and scholars believe in his insolvency in terms of financial matters and absolute freedom in non-financial possession. Regarding lunatic’s marriage, scholars and lawyers have raised two theories. Those believing in the lack of influence and validity of lunatic’s marriage referring to the narrations and based on marriage's inclusion of financial matters and lunatic’s interdiction, regard belief in the true meaning of marriage as an agreement to waste of money. In contrast, some other jurists consider marriage a non-financial matter and regarding every person including lunatic’s need to get married based on the self-reign rule and Islamic narrations permissible. This article tries to focus and scrutiny the votes of earlier and later Shiite and Sunni jurisprudents and law approach and relying on some religious documentation it is possible to infer the independence of lunatic in action of marriage.