Study the possibility of issuing a couple remarriage permit After the approval of the Family Protection Law in 1391

Abstract

Remarriage of a man, as an independent right or guarantee of the wife's obedience, is one of the issues in the field of family law. Prior to the enactment of the Family Protection Law in 2012, the Law of 1974 governed this issue and allowed it under certain conditions. In the law of 1391, there were provisions related to remarriage in the text of the proposed bill, and due to the objections to it, it was removed from the final text of the law. Due to the silence of the law of 1391, the question arises that in the current situation, what rules govern the remarriage of a man? In this regard, there are three opinions and, in this study, after reviewing and studying all three opinions and their bases and based on the history of legislation and existing laws in this field and the process of passing the Family Protection Law in 2012, a theory was adopted and strengthened. In the current situation, the institution of remarriage has been removed from the Iranian legal system. In this case, in cases where the man intends to remarry, he must divorce his wife and then marry.

Keywords

• remarriage
• obedience
• marriage permit
• family
• family support