M.A. Thesis:

Jurisprudential and legal review of permission to resettle marriage and its implementation with Islamic countries and Western countries

Polygamy or having several wives have always been influenced by various social, cultural and economic factors, and has been one of the topics that has been of great interest to social thinkers in the last century. Whereas polygamy under the heading of "having several wives" is subject to the existence of specific conditions (adopted from Sharia and the law) is possible, Protecting women's rights, community health, and the direct and indirect consequences of polygamy on the family as the most basic social institution doubles the importance of the legislator's attention to the issue. On the other hand, the Qur'an, in the discussion of polygamy, has sought to regulate some of these factors and limit the uneven development of polygamy in Islamic society. The limitations of certain numbers and conditions, such as observing justice among them, illustrate this. The dignity of the revelation of verses indicates that the bedrock factor was mainly in the care of orphans and unmarried women, and yet in the marriage verses, the principle of monogamy can clearly be stated. In the present study which was performed in the field-- library method with the approach of (analytical-descriptive and inferential) after Jurisprudential and legal review, the legalization of re-marriage license has been compared with that of Islamic and Western countries and examined the efforts that have been made by supporters and opponents of this issue in Islamic and Western countries. Finally, diagram analysis of 20 cases related to polygamy in support of strengthening family foundations and defending the rights of women and children in families facing this problem has provided legal suggestions. That the lawful and justified reasons for the re-marriage request be cited in law and that the re-marriage petition be subject to one of these causes being presented before the court by the wife and as well as the specialized advisory institution in the petitions for the cause of disobedience and noncompliance was anticipated in the law.

Keywords: Re-Marriage, the number of wives, Justice, rights, Law, Jurisprudence, Islamic Countries, Western Co