Authors
Abstract
In Islamic law, bigamy has been accepted for the husband and, Iranian positive law (Art. 942 of Civil Code) has followed it. So, the wife may insert a condition in the contract of marriage that the husband should not remarry. The opinions of Islamic jurisprudents differ relating to the validity or invalidity of such condition. According to some of them, such condition is void and nullifies the marriage. But others believe that the condition is void but the contract of marriage is valid. Yet others believe that the condition is also valid. The opinions of the latter group of jurisprudents differ concerning the sanction of breaching the condition. According to some of them, the remarriage is valid. According to the others, it is void. The legal authors have different views about the issue too. According to the present article, the condition is valid by revoking to the general rules like "the believers should honor their contracts" and special traditions and, the sanction of breaching the condition is that the first wife can demand the divorce of the second wife.
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