The Concept of Halala in Islam – Truth Versus Falsity”: In Islam, men have the right to divorce their wives if they feel the marriage isn’t working out. However, Islamic law has strict guidelines to ensure men carefully consider this decision before taking such a drastic step.
Sometimes, in a fit of anger, men may impulsively divorce their wives only to regret it later. Getting back together after such a divorce is complicated and involves a process called “Halala.”
Halala is when a woman who has been divorced by triple talaq (instant divorce) marries another man, consummates the marriage, and then gets divorced again, allowing her to remarry her former husband. Unfortunately, this practice is often misunderstood and misused in society.
For example, there are cases where couples quickly arrange marriages with other people to fulfill the Halala requirement. Shockingly, some women don’t even observe the required waiting period (Iddat) between divorces.
Religious scholars like Mufti Ziaullah emphasize that Halala performed solely to remarry the former spouse is forbidden in Islam and can incur divine punishment. According to Islamic teachings, a woman can only remarry her ex-husband after completing the Iddat period, marrying another man, and then being divorced by him or widowed.
Halala should not be used as a way to deceive or manipulate Islamic teachings. Those who engage in such deceitful practices risk having their relationships deemed illegitimate.
Lawyer Azra Suleman explains that if a woman seeks separation through the courts, she can return to her husband without any particular procedure. However, if a man divorces his wife, Halala may be required for them to remarry.
Halala serves as a deterrent for impulsive divorce, as it is considered a punishment. It’s typically conducted discreetly, as it can bring shame to those involved. Unfortunately, there are now centers offering Halala services for a fee
Some Relevant Questions and Their Answers
- Question: What is Halala, and how is it practiced in Islam?
- Answer: Halala is a practice in Islam where a divorced woman marries another man, consummates the marriage, and then gets divorced again in order to remarry her former husband.
- Question: Why do some men regret divorcing their wives in Islam?
- Answer: Some men may divorce their wives impulsively in moments of anger but later regret their decision due to the complex process of reconciliation, which involves Halala.
- Question: What are the conditions for Halala to be considered legitimate in Islam?
- Answer: Legitimate Halala requires the woman to observe the waiting period (Iddat) after the first divorce, marry another man, and then be divorced by him or widowed before remarrying her former husband.
- Question: Why do religious scholars warn against the misuse of Halala?
- Answer: Religious scholars caution against misusing Halala because performing it solely to remarry the former spouse is considered forbidden in Islam and can result in divine punishment.
- Question: How does Halala function as a deterrent in Islamic divorce practices?
- Answer: Halala serves as a deterrent for impulsive divorces, as it involves a complex and often shameful process, encouraging men to carefully consider their decision before divorcing their wives.
Prophet Muhammad (PBUH) sayings:
- Abu Dawood and Ibn Majah reported that Allah cursed both The First Husband (Muhallil) and The Temporary Husband (Muhallil Lahu), and Ibn Majah calls the temporary husband “a borrowed billy goat.”
- According to Hadith, a Tahleel Marriage (Nikah Halala) with the intention of divorcing so that the original spouses can re-marry is forbidden (Haraam).
- This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person is absolutely impermissible and a grave sin in the sight of Allah.
- Doing Halala is Haram (Forbidden) in Islam.
Conclusion
Halala: A Practice Contrary to Islamic Principles
Halala, often misunderstood and misrepresented, stands as a practice that finds no roots in the tradition or culture of Muslims. It is crucial to understand that Halala, particularly Nikah Halala, has no place within the teachings of Islam.
Nikah Halala represents a distorted interpretation and misuse of Islamic law. It is an aberration that not only defies the essence of Islamic principles but also inflicts immense humiliation upon women. It is, without question, a grave sin in the eyes of Allah, as well as in the moral fabric of society, as it degrades the sanctity of marriage and undermines the dignity of women.
At the Halala in Islamheart lies the notion of intention (Niyat). If a person enters into a marriage with the intention of divorcing their spouse immediately afterward, it is viewed as a sinful act, both by divine standards and societal norms. Such actions mock the sanctity of marriage and degrade the institution itself.
Speaking from personal experience, I, Khaliqul Azam, have never encountered instances of Nikah Halala within my community except through sporadic news reports. This rarity underscores the extent to which this practice deviates from Islamic values and norms.
It is imperative to acknowledge that Halala, in any form or shape, contradicts the teachings of Islam. It is an evil practice that must be vehemently condemned and eradicated from our society, for it tarnishes the essence of Islam and perpetuates injustice against women.”