Jurisprudential justification of divorce after resolving marriage (Tahlil Nikah)

Abstract

Marriage is the foundation for family and family is the foundation on which society stands. Marriage established by the Holy Shari'a in order to make it permissible as a solution for both men and women to enjoy each other to create a matrimonial relation and the permanence and continuity of married life. One of the laws of Islam, which is enacted to prevent repeated divorces which is been done by men and inflicting harm to women is resolving marriage (Tahlil Nikah). The man has no right to remarry or marry his wife after a triple divorce unless the woman marries another man and divorces from that man after having had intercourse. Being allowed to remarry the first husband is only possible when the woman marries with another man (Mohallil) then divorces him after having sexual intercourse. This kind of marriage named Mohallal marriage. There are several conditions for Mohallal marriage that include the condition of dissolution of the marriage after having intercourse with the resolving man(Mohallil), marriage on the condition of divorce, delegation of divorce, the condition of the wife's attorney in divorce. One of the requirements for the authenticity of the conditions within the marriage contract is that the condition doesn’t contradict the nature of the marriage’s requirements. Civil law not only does not mention the criteria for determining the requirements of a marriage contract, but also doesn’t present any definition of marriage contract. Therefore, in the present study with the method of documentary – library data collection and descriptive-analytical research type, the mentioned matters have been explained and analyzed with an emphasis on the requirements of the nature of marriage.

Keywords

• mohallal marriage
• dissolution of marriage
• resolving marriage
• matrimonial relation
• nature of marriage
• requirements of marriage