Nikah Halala
Encyclopedia
Shia and much Sunni
jurisprudence
of Sharia
disallows a couple remarrying after having been through three divorces.
Some Sunni schools view a triple talaq, when the husband saying "I divorce you" three times in a row, as equivalent to three single talaq
. Other Sunnis and Shia treat that as a single divorce, arguing that the Islamic prophet Muhammad
did so and Umar
having no authority to change that (Muslim 3491, 3492).
Couples cannot remarry until the ex-wives marry another men, to ensure that divorce is not taken lightly. She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her. This rule is given by the Shari'ah to reduce the occurrence of three divorces and to protect the honor of the woman. Nikah halala cannot be done as a condition or intention to make her lawful to her ex-husband.
Shia use Nikah Mut'ah.
After iddah
is observed, the original couple may remarry.
Nikah Halala is used mainly in countries that recognize the triple talaq.
The 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. Muhammad 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)
http://www.islamawareness.net/Talaq/talaq_fatwa0008.html
Sunni site critical of Nikah Halala
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
of Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
disallows a couple remarrying after having been through three divorces.
Some Sunni schools view a triple talaq, when the husband saying "I divorce you" three times in a row, as equivalent to three single talaq
Divorce (Islamic)
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
. Other Sunnis and Shia treat that as a single divorce, arguing that the Islamic prophet Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
did so and Umar
Umar
`Umar ibn al-Khattāb c. 2 November , was a leading companion and adviser to the Islamic prophet Muhammad who later became the second Muslim Caliph after Muhammad's death....
having no authority to change that (Muslim 3491, 3492).
Couples cannot remarry until the ex-wives marry another men, to ensure that divorce is not taken lightly. She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her. This rule is given by the Shari'ah to reduce the occurrence of three divorces and to protect the honor of the woman. Nikah halala cannot be done as a condition or intention to make her lawful to her ex-husband.
Shia use Nikah Mut'ah.
After iddah
Iddah
In Islam, iddah or iddat is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. The period, three months after a divorce and four months and ten days after the death of a spouse, is calculated on the number of menses that a...
is observed, the original couple may remarry.
Nikah Halala is used mainly in countries that recognize the triple talaq.
The 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. Muhammad 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)
External links
- http://www.islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=21340
- http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=36580&dgn=4
http://www.islamawareness.net/Talaq/talaq_fatwa0008.html
Sunni site critical of Nikah Halala
- http://www.islamicvoice.com/october.97/ourd.htm
- http://understanding-islam.net/related/text.asp?type=rarticle&raid=46&sscatid=193