Muatati Marriage from the Viewpoint of Law and Jurisprudence

There exists a question among some society members, specially among the youth: what is the necessity of composing the formula of marriage? Isn’t it sufficient to get the consent of the two parties? Is there a replacement for such a formula of marriage? The present study aims to survey Muatati marriage in law and jurisprudence which has been conducted by the library method.Muatati marriage indicates different meanings in jurisprudence and law. One of its common meanings represents non-fulfillment of the formula of offer and acceptance in marriage contract.Based on the totality of Quran's verses concerning contracts and some traditions as well as the accuracy of Muatat in transactions, some persons believe in the correctness of Muatati marriage. However, according to the well-known Shiite and Sunni jurists, the offer and acceptance must be oral in marriage contract. The important reason for the nullification of Muatati marriage is consensus and consideration of caution. There have been reasons from Quran, Traditions in favor of the preceding reason that some faults can be found in their implications. Article 1062 of the Civil Law has confirmed the literality of offer and acceptance in marriage according to Shiite jurists. Nonetheless, there is no specific contract or word or phrase in this regard, but rather it considers sufficiently any word or phrase or contract from any language if it has been stated vividly and frankly in marriage intentions. Furthermore, what can be implied from written reasons indicates marriage intention. The paper surveys the concept of Muatat, its revolution in the history, viewpoints of its proponents and opponents, and etc. Additionally, it investigates whether it is possible to compose marriage contract without offer and acceptance.