Is Halala Islamic?

Question: I came to know if someone has divorced his wife and wants to remarry her again, he cannot remarry her till she marries someone else and gets divorced by the second husband to remarry her first husband. This is called ‘Halal’. Is Halal really Halal? Is it quoted some where in Qur’an? In Indian sub continent the concept of Halal exists but not in the Middle East.

Answer: The Holy Qur’an expounds: “So if a husband divorces his wife (for a third time), he cannot, after that remarry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them if they re-unite, provided they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who know”. (2:230).

A man is entitled to take his wife back twice after two respective Talaqs and for a third time also before the expiry of her Iddat after he gives her a Talaq for the third time. But after that the separation is irrevocable. She is then free to be married to any other person of her choice. If then in the normal course of life a dispute between them develops leading to first Talaq by the second husband, she is again free to be married to any person of her choice including the second husband (by whom she has got the first divorce) and also including the first husband as well. The relevant point here is that a Halala cannot be planned in advance, as a Nikah between her and the second husband with an understanding of a divorce afterwards will not be valid. If she does so, it will be an illegitimate relationship with the second husband and with the first husband also with whom she comes to live after a pre-planned Halala. The Prophet (Pbuh) has cursed both such men who perform Halala and for whom Halala is performed. The second Caliph Hazrat Umar ruled during his reign that he will punish with stoning to death, those who perform a pre-planned Halala. Imam Sufian Sauri says: “ If someone marries a woman to make her Halala (for her ex-husband) and then wants to keep her as wife, he is not permitted to do so unless he solemnises a Nikah afresh, as the previous Nikah was unlawful.” (Trimizi)

Question: Dear scholar, As-Salamu `alaykum. I am very stressed now, please help me and guide me. I will tell you my problem shortly. My husband gave me divorce 8 months before; he gave me 3 divorces at a time. When he gave me divorce, he was arguing about some family problem and he gave me 3 talaqs with these words: first he gave me 3 divorces with (saying talaq) then he said to me listen carefully then he again gave me 3 divorces then he said listen again because after that don't say to me that you didn't listen then he again gave me 3 divorces (this was talaqun bain [irrevocable divorce]). When he gave me divorce, I wasn't mensturating, we have 2 young kids, my elder son is 2 years old and my daughter is 1 year old, and we had a good husband wife relation. Now my ex-husband really regrets and wants to do halala. My question is, if for halala purpose somebody agrees to marry me, just to help me and my ex-husband (to make halala between me and my ex-husband) somebody agrees to marry me, without taking any money or anything, and after making husband wife relation, then he divorce me then can I marry to my first husband? Is it permissible? Can we do it? Please reply me! I will wait for your fatwa reply desperately, thank you!

Answer: Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

If all of these pronouncements of divorce did take place in one sitting, and not on three separate occasions, then you are only divorced once, in this case your husband is allowed to take you back. He can simply say in front of two witnesses, I take back my wife so and so or write it down and get it witnessed to be more precise.

If, on the other hand, he divorced you on three separate occasions, then your husband cannot take you back.

But that is not what I understand from your question; your question implies that all of the pronouncements of divorce happened in one session or in the same sitting. So there is no need for you to marry someone else and then get a divorce from the person to marry your husband.

The issue of someone marrying you simply for sake of divorce is not permissible in Islam. That is nothing but corruption.

Your husband needs to learn to control his anger; he must never play with the words of talaq again. That is making a mockery of the laws of Allah, which is indeed a most heinous sin. If you have marital issues you need to go for counselling to learn how to sort them out.

Allah Almighty knows best.


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