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:

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.


Reply:

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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