Re-examination of the requirement and effects of the condition of non-remarriage of the couple during the marriage contract based on the rule of will

Articles in Press

Document Type : Original Article

Authors

university

Abstract

wife can include in the marriage contract according to her free will, but on the other hand, some other jurists, most of whom are later jurists, consider it correct and obligatory by referring to the narration indicating the authenticity and validity of this condition and its non-contradiction with the requirements of the contract. The present study aims to answer the question that according to the principles of the sovereignty of the will, does the condition of non-remarriage of the couple while maintaining the validity of the marriage contract have the power to cause relative nullity and non-influence of remarriage? Based on this, the current research was conducted with the aim of investigating the validity or corruption of the condition of non-remarriage with the intention of not influencing remarriage despite the condition of non-remarriage during the marriage contract and answering its challenges in an analytical-documentary way. The research information was collected and analyzed by following the sources, evidences and opinions of jurists and explaining correct and authentic traditions and other jurisprudential evidences and emphasizing on the sovereignty of the will and the social expediency of the family and a new interpretation of the role of women in common life. The results showed that the emergence of jurisprudential evidences on the validity of the condition of non-remarriage of a man and its effects are included in the marriage contract, and it is possible to rule on the relative nullity and non-influence of the second marriage against the violation of this condition.

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Main Subjects

The Women and Families Cultural-Educational

Articles in Press, Accepted Manuscript
Available Online from 19 November 2024

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History

  • Receive Date: 21 April 2024
  • Revise Date: 11 October 2024
  • Accept Date: 19 November 2024
  • Publish Date: 19 November 2024

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