Why divorce Ruqu? Why not simply re-marry her?

AnjanaYYZ

@AnjanaYYZ

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Posted: 12 years ago

#1

Is there anything that prevents someone who is already married from re-marrying the same person again. Because per Adham interpretation of Shahensha's law - RuqJa's marriage is void. So, no need for divorce - straight remarriage should suffice😛

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Sofna

@Sofna

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Posted: 12 years ago

#2

Anj😲..Yr here🤗😆

In Islam Divorce is th most hated! To marry the same woman she has to have been married to another man and consummated her marriage before the first Husband can remarry her.
And for th woman to marry another guy deliberately/ on condition to re marry the first one husband only is not allowed!

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Sofna

@Sofna

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Posted: 12 years ago

#3

Oh and just saying it's void doesn't make it void! Shahensha's law isn't above the Islamic law😆

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-Muskii-

@-Muskii-

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Posted: 12 years ago

#4

^^ But that goes on if Jalal-Ruqu have been married 3 times. Like adham said they were married when they were 9 and 11 after that did they get divorced and married twice? . So how can Maham say that ruqu have to marry someone else and consummate before getting married to Jalal. That can only happen if they have married each other thrice?. 🤔

Edited by -Muskii- - 12 years ago

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petrichorr

@petrichorr

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Posted: 12 years ago

#5

U have a point.

So remarriage without a divorce? (As we learnt that once divorced then cannot straight away get married again ...per Islamic law).

That would work I think... (Not sure if Islam permits though).

Assuming its permitted, he can say existing couples who got married before the age of 14 can choose to get remarried if the girl wishes to stay married ...otherwise they can divorce..

This also gives relief to those girls married under pressure.. but then in that era once divorced, I didn't think the girl had a life..

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Sofna

@Sofna

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Posted: 12 years ago

#6

Originally posted by: -Muskii-
^^ But that goes on if Jalal-Ruqu have been married 3 times. Like adham said they were married when they were 9 and 11 after that did they get divorced and married twice? . So how can Maham say that ruqu have to marry someone else and consummate before getting married to Jalal. That can only happen if they have married each other thrice?. 🤔

What, how can they have been married 3x?

I need to watch the epi to see whats happened.

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-Muskii-

@-Muskii-

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Posted: 12 years ago

#7

Originally posted by: Sofna

What, how can they have been married 3x?

I need to watch the epi to see whats happened.

I'm saying that [ marrying someone else and consummating ] that happens if you have married to the same person thrice. Warna why should MA say that ruqu has to do that? 🤔

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Viji Sridhar

@vijisridhar

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Posted: 12 years ago

#8

Phew itna complicated kyon hai bhai... !!! Thank God am happy that am i belong to the 20th and 21st century.

Viji

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AnjanaYYZ

@AnjanaYYZ

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Posted: 12 years ago

#9

Originally posted by: Sofna
Anj😲..Yr here🤗😆

In Islam Divorce is th most hated! To marry the same woman she has to have been married to another man and consummated her marriage before the first Husband can remarry her.
And for th woman to marry another guy deliberately/ on condition to re marry the first one husband only is not allowed!

Sofna - my question is whether one needs to divorce to re-marry the same person? Also, technically if law is applied then the marriage would be void and there maybe no need for divorce.

Moreover, laws are constructed to be forward looking - not retroactive. So, what has happened has happened... you can only rectify the future not the past.

Lastly, the measure is meant to protect child marriage of women. So, the law would be that child marriages are invalid going forward. Coming to the law's retroactive impact then it could be that the parties who were married while nabalik have choice after becoming balik (such as Ruq-Jal) to accept their illegal marriage or not. Say a year or so for either party to seek divorce once they are balik - the marriage's validity stands if neither party seeks divorce upon becoming balik.

*This is how the law currently is in India - Jallu can retroactively adopt modern law 🤣🤣*

Edited by AnjanaYYZ - 12 years ago

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Inaya Haya

@lilmzsunshine

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Posted: 12 years ago

#10

Wait. Adham clearly said the marriage is invalid, not 'jaaiz'. So if it isn't jaaiz, he can't divorce her. I can't go and divorce anyone randomly if I'm not married to them.

Adham says Jalal is not married to Ruqu. So he can't divorce her.

So, all he has to do is marry her.

IF he was married to her, then he could divorce her. And IF the divorce was final (having said talaq three times at three different instances/occasions), then he'd have to do a halala. But IF he WAS married to her, then this question wouldn't have come up.

The issue is - IS Jalal's marriage to Ruqu valid or not.

If invalid - there can't be a divorce w/o marriage.

If valid - there's no reason for a divorce.

-S

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