Commitment to Non-remarriage in Traditions and Imāmī Jurisprudence

Document Type : Research Article

Authors

• Muḥammad ‘Alī Muḥibb al-Raḥmān
• Ḥusayn Ṣābirī
• Muḥammad Mahdī Qabūlī

10.22067/fiqh.v0i0.9548

Abstract

One of women’s psychological concerns is the remarriage of their husbands; however, the renowned majority of the jurists do not regard as valid the condition of non-remarriage due to its opposition to religious law. In this research, therefore, it is attempted to examine this issue from another perspective; thus, the traditions that are explicit or apparent in meaning concerning the possibility of this condition and the formats brought up in them are analyzed and it is indicated that the condition of non-remarriage and amicable settlement of the right of remarriage do exist in traditions and the possibility of guaranteeing this commitment has been confirmed. Throughout the discussions, we have responded to the scholars’ criticism for traditions clarifying the permissibility, critically
reviewed the generally accepted perception, and preferred another understanding of the traditions referred to by the jurists. Besides, it seems that commitment to non-marriage after the death of one’s spouse is not valid from the perspective of traditions and due to disowning the general rights.

Keywords

• remarriage
• condition
• amicable settlement
• right to remarriage
• commitment to act of omission

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