“No second marriage condition” set when marriage contract is made

Document Type : Research Article

Author

• Hossein Seyedi Alavi

Islamic Azad University, Mashahd branch

10.22067/jfiqh.2020.61166.0

Abstract

To most Muslim scholars, the “No other marriage condition” concluded at the time when marriage contract is made is invalid. Some Sunni scholars have argued that marriage contract does not necessitate the condition and some others have argued that since in contracts and transactions, corruption is taken for granted unless proved otherwise, have reject the condition as invalid. Most Imamiyeh jurisprudents have also considered the condition as being against the teachings of the Qur’an. In this article, the writer discusses the arguments offered against the condition, claiming that none of the arguments provides no clear and acceptable proof. The writer then argues that, by virtue of the well-known hadith “Muslims are loyal to the conditions they set” and other arguments, the condition must be met if the couple make such a condition at the time when marriage contract is made.

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