Non-Remarriage Condition in Islamic Jurisprudence and Law

Authors

1 Professor, Department of Private Law, University of Mazandaran

2 MA PhD student in Private law

Abstract

Non-remarriage condition in context of marriage is one of controversial issues among Islamic jurists. Some of them believe the condition is void by virtue of illegality and opposition to requirement of contract. Another group believes that it is valid and binding by virtue of narratives which indicate permissibility validity. According to Quran signs and narratives, polygamy is right of husband and allowed, but it isn't of superior orders. As marriage survival and solidity of family institution is very important and husband usage of the right may ruin it and causes social and mental problems, by attention to narratives indicating validity of non- further marriage condition and also non-contradiction of it with requirements of marriage contract, the condition is neither contrary to divine law (Sharia) nor requirement of contract. The other important point is sanction of this condition breach. The jurists express various opinions regarding the issue. Some believe second marriage is valid; some consider it null and void. There are another group that regards wife as the one who has the right of rescission; and some suppose that breach of the condition is sin. So taking into account all arguments and opinions, breach of the condition nullify the second marriage.

Keywords

Women's Studies Sociological and Psychological
Volume 8, Issue 3
December 2010
Pages 159-177

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