Marriage ContractStipulation for Husband of Refraining From a Remarriage

Marriage parties may insert various conditions in their marriage contract. One condition is that the wife may ask her husband to refrain from getting a second wife while being married to her. She might add another element that if he fails to do so, he will be deprived of certain responsibilities on her side. On the basis of some tradition there are differences of opinion among Islamic scholars concerning the validity of setting such conditions and consider it illegitimate. On the other hand in view of other groups the above mentionedstipulations is justified and are considered essential to its existence.The study shows that on the basis of general rules every permissible act can be stipulation and Verse 3 of chapter Nisa which allows a man to remarry is proof of such act.Examining the issue from various perspectives, it becomes obvious that there is no accountability between the stipulation of not to remarry and the reason for permission to remarry. It all depends on certain conditions.Furthermore the notion of adding stipulation in the marriage contract is legally bounded.