Given the legitimacy of polygamy in Islamic jurisprudence, using the capacity of a condition included in the contract to limit the husband's authority is a concern of a group of women in the marriage contract. The content of the condition may be a condition of result or a condition of action. If the husband has deprived himself of the right to marry during the contract, this condition is a condition of result and is considered corrupt from a jurisprudential point of view, because it is an example of a permissible prohibition that is prohibited in the Holy Quran and Islamic narrations. Another type is the condition of renouncing marriage or the husband's commitment not to marry in the form of a condition of action. There are two important questions about this condition: the first question is the correctness and necessity of fulfilling the condition of renouncing marriage and the second question is its jurisprudential effects. According to this research, which was conducted using a descriptive-analytical method and using library resources, there is a difference of opinion regarding both questions. A group of jurists consider the condition of renouncing marriage to be invalid, while another group considers it correct and necessary to fulfill. The latter group disagrees about the jurisprudential effects of the husband's breach of contract and his attempt to remarry. Some jurists deny the circumstantial effect of the aforementioned condition and consider the concluded contract valid. While others believe that it has a circumstantial effect.
Shojaei, A., & Hedayatnia, F. (2026). The condition of not remarrying the couple in the contract from the perspective of Islamic schools, based on the theory of Ayatollah Hakim. Private Law Doctrines of Islamic Countries, 2(4), 116-137. doi: 10.22091/dplic.2026.15758.1103
MLA
Ali Shojaei; farajollah Hedayatnia. "The condition of not remarrying the couple in the contract from the perspective of Islamic schools, based on the theory of Ayatollah Hakim". Private Law Doctrines of Islamic Countries, 2, 4, 2026, 116-137. doi: 10.22091/dplic.2026.15758.1103
HARVARD
Shojaei, A., Hedayatnia, F. (2026). 'The condition of not remarrying the couple in the contract from the perspective of Islamic schools, based on the theory of Ayatollah Hakim', Private Law Doctrines of Islamic Countries, 2(4), pp. 116-137. doi: 10.22091/dplic.2026.15758.1103
VANCOUVER
Shojaei, A., Hedayatnia, F. The condition of not remarrying the couple in the contract from the perspective of Islamic schools, based on the theory of Ayatollah Hakim. Private Law Doctrines of Islamic Countries, 2026; 2(4): 116-137. doi: 10.22091/dplic.2026.15758.1103