A Review and Critique of the Article “The Commitment to Refrain from Remarriage in Imami Narrations and Jurisprudence”

Articles in Press

Document Type : Original Article

Authors

MohammadReza Mollaei ¹

Ali Islami Far ²

¹ Student of Jurisprudence and Principles, Level 4, Qom Institute of Mishkat, Qom, Iran

² Professor at Qom Seminary and PhD candidate in the Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Semnan University, Semnan, Iran

10.22067/jfiqh.2025.93453.1968

Abstract

The permissibility and lawfulness of just polygamy is an undisputed principle among all Islamic sects. However, in some Muslim societies, due to various factors—including propaganda—this practice has become culturally stigmatized, influenced by Christian and Western norms. It is even claimed at times that some women will not agree to marriage unless they are assured that their suitor will not take another wife in the future. The article entitled "The Commitment to Refrain from Remarriage in Imami Narrations and Jurisprudence" considers a man’s right to remarry as a waivable right, which can be validly relinquished through mechanisms such as stipulations within the marriage contract or an immediate pre-marital reconciliation agreement. The author of that article endeavors to demonstrate various legal implications, including the prohibition of remarriage in contradiction to the stipulated condition and even its invalidity.

The central aim of the present study is to critique that article, not only by challenging its proposed arguments but also by presenting evidence and narrations that not only refute such conditions but also support the prophetic tradition of polygamy. The research method is library-based, utilizing note-taking as the primary tool for data collection. Among the findings of this study—beyond the arguments posed by prominent jurists against the legitimacy of such commitments—is the use of the first verse of Surah al-Tahrim as evidence. Additionally, it becomes clear that flawed cultural norms in certain societies cannot override or prohibit the inherent permissibility of remarriage within Islamic law.

Keywords

Polygamy

Remarriage

Stipulation within the Marriage Contract

Right to Remarry

Commitment to Refrain from an Act

Subjects

• Jurisprudence and family law

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