PhD Student in Family Law at ShahidBeheshti University.
10.22106/jcr.2024.1972475.1427
Abstract
Iran's legal system has recognized polygamy in accordance with Islamic law. Although the civil law does not have an explicit provision to prescribe remarriage and state its conditions, many of its articles refer to the effects of polygamy. In the meantime, Articles 16 and 17 of the Family Support Law approved in 1353 regarding the cases of male remarriage and the procedure for dealing with it, have clearly determined the duties and the provisions of this law have not been repealed by the approval of subsequent laws, including the Family Support Law approved in 1391. Currently, the main document of Iran's family courts in dealing with a man's request for remarriage and issuing a ruling on prescribing or rejecting it is the aforementioned material. In Article 17 of the aforementioned law, it is mentioned the necessity of verifying the financial ability of the man in the process of processing the request for remarriage. The fulfillment of this condition is not disputed in the assumption that the husband applies for remarriage with the consent of the first wife, but if the man requests remarriage based on the other clauses of the mentioned article, it is necessary or not necessary to verify his financial sufficiency in the judicial procedure of the family courts. There are disagreements. The document in question follows the point of view that a man's financial ability is a condition for remarriage in all cases, and based on this, the petitioner's claim has been rejected by declaring his wife unmarried. This view is not compatible with the basic interpretation of Article 17 of the Family Support Law and its jurisprudential background.