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Abstract


Tahlîl Marriage According To The Islamic Law
According to the Islamic Law, the term talaq means dissolving the relation that occured with Islamic marriage and putting an end to this marriage. When the husband divorces his wife three times, an irrevocable divorce comes into existence named “el-Beynunetü’l Kübra” between the couple. A woman that had divorced from the same husband three times can only this husband in two circumstances; marrying another man seriously and divorcing or in the event of his current husband’s death.Although there is the necessity of a serious marriage in the second marriage, unfortunately there has been som efor show marriages and this put the Islamic marriage far away from its aim. Even if Islamic Lawyers agreed upon the fact that it is haram to make a woman halal for his first husband with establishing a tahlîl marriage, they don’t agree on the intention of the second husband who wants to make the woman halal for her first husband which is the main criterion of tahlîl marriage. According to some faqihs, when establishing a tahlîl marriage, it is necessary fort he second husband to have the intention of making the woman halal for her first husband, and the others say that it is not necessary to observe this intention but they stipulate the declaration and the pronounciation of this intention clearly. And some other faqihs believe that such a condition cannot disrupt the validity of Islamic marriage, contrarily they claim that the condition makes itself vicious.

Keywords
Islamic Marriage, Tahlîl Marriage, Divorce, The Three Talaq.


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