NON-REMARRIAGE CONDITION IN ISLAMIC JURISPRUDENCE AND LAW

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IZADI FARD ALI AKBAR; KAVYAR HOSEYN

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Journal: WOMENS STUDIES Year:2011 | Volume:8 | Issue:4 (26) Page(s): 159-177

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Information Journal Paper

Title

NON-REMARRIAGE CONDITION IN ISLAMIC JURISPRUDENCE AND LAW

Author(s)

IZADI FARD ALI AKBAR | KAVYAR HOSEYN | Issue Writer Certificate

Keywords

CONDITIONQ2

NON-REMARRIAGEQ3

LEGITIMACY OF CONDITIONQ3

SANCTION OF CONDITION BREACHQ2

VOID OF SECOND MARRIAGEQ3

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.

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APA: Copy

IZADI FARD, ALI AKBAR, & KAVYAR, HOSEYN. (2011). NON-REMARRIAGE CONDITION IN ISLAMIC JURISPRUDENCE AND LAW. WOMENS STUDIES, 8(4 (26)), 159-177. SID. https://sid.ir/paper/66218/en

Vancouver: Copy

IZADI FARD ALI AKBAR, KAVYAR HOSEYN. NON-REMARRIAGE CONDITION IN ISLAMIC JURISPRUDENCE AND LAW. WOMENS STUDIES[Internet]. 2011;8(4 (26)):159-177. Available from: https://sid.ir/paper/66218/en

IEEE: Copy

ALI AKBAR IZADI FARD, and HOSEYN KAVYAR, “NON-REMARRIAGE CONDITION IN ISLAMIC JURISPRUDENCE AND LAW,” WOMENS STUDIES, vol. 8, no. 4 (26), pp. 159–177, 2011, [Online]. Available: https://sid.ir/paper/66218/en

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