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Hilla marriage
By Rabbani
Sun, 29 Apr 2007, 12:24:00

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The most ignorant village leaders led by the Imam of the local mosque of Kusharigaon under the Pirganj upazila in the district of greater Dinajpur excommunicated Abdur Rashid and Morjina Begum for their rejecting the decision of hilla marriage illegally awarded to Morjina, reported a Bengali daily on Monday.

The story reveals that Rashid pronounced divorce twice at a time through anger at one stage of altercation.

Literally hilla marriage means an arrangement of reunification between the husband and the divorced wife if they desire. The arrangement is such that the divorced wife shall be given married to another man and after being divorced by him she will be admissible for reunification with her first husband by the system Islam prescribes.

Hilla marriage becomes inevitable when husband pronounces the word 'divorce' thrice in three separate sittings in three consecutive months- (Ref. Vv. 2/228, 229, 230). In addition, the husband must have definite intention to divorce and in cool head. Divorce will not be effective if the husband pronounces angrily.

Hilla marriage will not be necessary if the husband pronounces divorce maximum twice in two separate sittings let alone once. But what will happen if he pronounces three in one single sitting? There are two schools in this regard. One group argues that divorce will be counted as one even if it is pronounced hundred times in one single sitting.

The other opinion is that divorce will be effective if it is pronounced three in one single sitting. This is not acceptable as there is no provision in the Quran.

As Rashid did not pronounce divorce thrice in three separate sittings and as he moreover did in anger, Morjina is his legal wife. There is no need of hilla marriage. They can at ease continue their conjugal life.

Once hearing that Abdullah ibn Omar had divorced his wife, the Prophet Muhammad (SM) ordered for direct reconciliation On another occasion in a separate case, the Prophet sprang upon his feet and angrily said, "Good man does not divorce his wife." At this, a companion of the Prophet said, "Should I kill that man?"

In this connection, we request the government take action against all those who misconstrue the verses of the Quran.

Dhaka

© Copyright 2003 by The New Nation


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