Polygamy in Islam is an issue which has recently drew the attention of public opinion. The questions put forward here are whether polygamy is a matter of legislation or whether temporary marriage is a private matter and it is not necessary for government and family courts to interfere. If for temporary marriage the permission of the court is necessary, what conditions should it have, in what cases can permission for REMARRIAGE be issued, and in what cases is not such kind of marriage permitted? Evaluating the regulations before the Islamic Revolution, this paper studies article 23 of Family Support Bill. In addition, the regulations concerning REMARRIAGE in other Islamic countries are also discussed. Then the paper concentrates on the constraints, conditions of REMARRIAGE, and conditions for the permission of the court. It seems the following conditions are necessary: a valid reason, man’s financial capability, establishing justice between the two wives, preparing an additional house, certificate of the financial rights of the previous wife, granting an absolute non-returnable proxy to the wife to divorce herself without any loss in case the man cannot do justice or does not have financial capability.

Non-REMARRIAGE contract or clause either deprives the right of manchr('39')s REMARRIAGE or just creates a not to do obligation of REMARRIAGE. Analayzing the validity and consequences of both situations as an one of most complicated legal issues is our mission in this essay. In the first case, the most important reason to anuul this contract or clause, even in the case of partially elimination of manchr('39')s right for REMARRIAGE, is itchr('39')s inconsistency with public policy. Thus, if such clause is incorporated in the manner of a not do to obligation, it is true and therefore, surveying on its sanctions remins. In any case, we can not infer any regulation about nullity of this contract from civil code or any possibility to rescind the first or senond marriage either as an agreed or statute sanction. Although, we can not see any obstacle on the possibility of damages as a sanction for breach of contract or clause, but because there is a problem in the field of allocating the moral damage, based on the Family Protection Act 2012, we can infer that the best sanction is the right of divorce.

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.

This article concerns with elderly REMARRIAGE. Its aim is to understand the viewpoint of widowed and remarried elderly about REMARRIAGE using an interpretative approach. This study has been conducted in the city of Saghez in Iranian Kurdistan. It applies a qualitative ethnographic approach. Using purposive sampling, 20 elderly women and men (widow/remarried) were selected and interviewed in depth. The interview texts were analyzed based on the conventional qualitative content analysis method. The findings suggest that there is a "dual gendered attitude" among the elderly women and men toward REMARRIAGE. Both "remaining widow" and "remarrying" later in life occur willingly and unwillingly. In some cases, they "have to" remain widow and in other cases marry again. Elderly REMARRIAGE in this city encounters different social and economic obstacles. However, the findings show that there are "forerunners" in elderly REMARRIAGE. Challenged with numerous family and social norms, this demand tries to open a room for elderly REMARRIAGE in the public sphere. The findings of this study can be adopted to formulate micro-and macro-level policies for elderly population.

This study was done to investigate female heads of household’s decision-making process for REMARRIAGE and its barriers. Since an important part of these women’s life was not researchable through questionnaires and details of their life would be omitted, it's felt the need to do qualitative work; therefore, it's a qualitative study by narrative analysis strategy in which we used both thematic analysis and structural analysis by using semi-structured interviews with 9 women in Gonabad. The results of this study showed these persons strongly felt the lack of husband due to the variety of needs, but barriers to REMARRIAGE have a deterrent role in the final decision to REMARRIAGE and this structural pressure is to the extent that put women in conflict for making final decision and this conflict will increase over time. In the final, 9 of them had feeling the need, tending to remarry, social perceptions, expectations originated from emotions, expectations originated from position, subjective norms and evaluating and expecting benefits.

On based on imamieh jurisprudence - on the basis of quoted causes - and considering to the maked laws in this case, REMARRIAGE of a woman who has childrens from her first husband, cause divesting her guardianship of her childrens. for this, the woman is forced to deprive herself of REMARRIAGE to not lose her guardianship of her childrens this situation sometimes causes psychotic, social and economic irreparable results for a woman. Whereas divorsed man REMARRIAGE don’t divest his guardianship of his childrens. This essay, with regarding to jurisprudencial and juridical works about the guardianship arguments, says in this case, on the one hand expediency of child and on the other hand ruling conditions of man and woman life sould be regarded. For this merely mother REMARRIAGE shouldn’t be caused to divest her guardianship. In the end of this essay, we give some suggestions to reform the pertaining laws.

The validity of obligation not to marriage for the second time, as a legal act, has always been a controversial dispute between lawyers and Jurisprudences. Some consider this agreement was illegitimate for general deny of right, and oppose with the imperative rules. Others believe that the assurance upon the decline REMARRIAGE right by the man is binding. In this study, explaining both perspectives, citing the legal basis and with the emphasis on social interest of family and a modern interpretation of the role of women in the marital life, validity of this provision in the form of a private contract that explicitly does not opposed the law, would be proved for marital terms. Toward the legal effects of this provision, regarding the importance of infraction of this provision and considering the necessity of effective enforcement, the theory of nullity of REMARRIAGE is acceptable, and also the theory rescission is not considered without reason.

This study investigates the problems of non-spouse-headed households and examines its relationship with the attitude of these women to REMARRIAGE. The research method is mixed,in the qualitative method, 18 semi-structured interviews were conducted with these individuals and the socio-cultural issues related to REMARRIAGE were extracted and indexed from the point of view of non-spouses. In a quantitative method, questionnaire was adjusted and completed by 510 female headed households in Tehran province (through snowball sampling and through supportive institutions). Qualitative findings showed that women surveyed tended to marry and their most important problems were emotional, security, economic, sexual and cultural-social needs that were indexed and their correlation with marital attitude was tested,Sexual and emotional needs, cultural factors and social security had the most impact on the attitude toward marriage and did not explain the economic need for marriage. The result is that the importance of economic issues in marriage is less than the other factors, because marriage is a feeling and an inner need. Therefore, in reviewing the empowerment policy of female head of households, in addition to addressing economic and employment issues, the conditions for facilitating their re-marriage are necessary.

The validity of the condition of non-REMARRIAGE, as a legal act, has always been in dispute by the jurisprudents and lawyers. A number of scholars regard this agreement un- lawful, in virtue of deprivation of the right, as a whole, and the opposition to the mandatory rules. Others believe the obligation of waiving of REMARRIAGE's right, by man, is binding. In this article with explanation of the two opinions, with relying on some legal bases, and with emphasis on the social interest of family, and new comment on the woman's role in the common life, the validity of the condition as a private agreement in the conjugal period is proved. With respect to the legal effects of the condition, considering the importance of its violation and with regard to necessity of effective sanction, the theory of nullity of the REMARRIAGE is regarded a cogent argument, although the theory of right of cancellation is not regarded void of reason.

Marriage for the second time will be a big challenge if any of the man or woman or both have children. In this case, there will be challenging factors including various cultural, economic, traditions and beliefs and many other problems. Even the existence of a child will be one of the main reasons for preventing them from marriage. Therefore, the purpose of this study is to examine the experience of the challenges of re-marriage with the presence of children and to identify its final structure in the participants who had experienced that. In this research, a qualitative descriptive phenomenological research has been directed to collect and evaluate information about the challenges of re-marriage with the presence of the children. Fourteen subjects who experienced REMARRIAGE in their married life were selected through targeted sampling and data collection was conducted through semi-structured interviews. Data analysis has revealed 4 main themes (themes) and 10 sub-themes (categories). These are including: "Perceiving the problems of having a child" with categories of, behavioral problems and children's adaptation, the presence of the child as an obstacle, the acceptance or rejection of the child of the REMARRIAGE; economic and financial dimension with the categories of the importance of economic dimension and the necessity of financial management; social and cultural dimensions with categories of social and cultural inefficiencies, interference of those around them, social facilitation or inhibition; and requirements for re-marriage with the categories of facilitators and importance of proper behaviors and understanding of the spouse. The results of this research have indicated that this is a multidimensional phenomenon with individual, economic, social, cultural and family dimensions. The findings of this study expanded the limited literature on the experience of re-marriage with the presence of the child. Also, the structure of the challenges posed by this study in the field of paternity treatment and premarital counseling has many implications for preventing marital dissatisfaction and increasing marital and family success.