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Questions & Replies about
Divorce and Remarriage
by David
Instone-Brewer
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I read
and reply to all emails though sometimes the reply is very
brief, due to pressure of time. I like to get questions -
especially if they are new. Many people ask questions which are
already covered in these Questionas & Replies. Please take a
moment to look at previous emails before you write.
Pastoral
support doesn't really work by email, so if you need this, I'd
encourage you to find a local fellow Christian or minister.
Their personal views on this subject don't matter too much if they
are good at listening, both to you and to God.
David Instone-Brewer |
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Emailed question/comment: |
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I came across an interesting article about changing mores in Iraq
particularly in relations to "temporary marriages", which can last
as little as one hour. http://www.usatoday.com/printedition/news/20050505/a_tempmarriage05.art.htm
An
"orfi marriage" seems to function among the Sunnis similarly to the
"temporary marriage" which is recognized by the Jaafari (Shi'a)
school of Islamic Law. The difference is that while the "temporary
marriage" is perfectly accepted among the Shi'ites, the orfi
marriage is a fully legal device but still embarrassing to
established sensibilities.
The orfi marriage is also referred
to as an "unregistered marriage" because it can take place simply by
the contract of the two involved and two witness (usually two
friends taken in confidence). If the relationship "runs its course"
the contract can be torn up and thus the marriage is for all intents
and purposes "annulled." But sometimes, as you can imagine, the male
sometimes unilaterally tears up the contract leaving the female with
child.
Here's another link with more information on the legal status of
orfi marriages http://members.cox.net/ahmedheissa/marriage.htm
All in all, this further underscores the
need for a coherent theology of marriage in any outreach to the
muslim world, and that your work can be of invaluable service in
this regard.
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Reply: |
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Thank you for pointing out this very interesting aspect of
Islamic marriage law. I looked up the subject of Shi'ite "Temporary
Marriage", which I learned about from you, and found an interesting
Q & A page about it on
Ayatollah
Sistani's
site. It defines Temporary Marriage as one which has a stated
time limit. It says you can remarry the same woman even the
next day after the marriage ends (in Q10), and that your temporary
wife may even be a Christian or a Jew (Q3), but your permanant
wife must be a Shi'ite Muslim.
This appears to be very similar to the practice which Moses might
be condemning in Deut.24.1-4 - where the practice of marrying,
divorcing and remarrying the same woman is condemned.
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