Is nikah halala allowed in Islam? A few days ago we had a question. Where is nikah halala? What is the law of Halala marriage in Islam? Details were sought.
The question mentioned that a woman wanted to remarry after her husband divorced her three times.
Then a village Judge advised the girl to remarry her first husband through nikah Halala.
This is the form of Halala marriage that the Judge used to say – the first husband will persuade a man to marry his divorced wife with money.
The man will marry his divorced wife, spend two or four nights with her, and divorce her again.
After three months, the first husband will remarry the girl and continue the family with her.
The question is whether the discussed form of nikah Halala is supported by Islam. If not, what is the real form of Halala marriage in Islam?
I created today’s post by adding and subtracting the answer to this question. Hopefully, it will be beneficial for everyone.
Staying in the post
- What is the meaning of nikah Halala?
- Nikah halala in the Holy Quran
- Is nikah halala allowed in Islam?
- An impure form of halal marriage
- Halala Marriage in the Hanafi school
What is the meaning of nikah halala?
The Arabic word (التحليل) means to make halal. (المحللةة) ‘Al – Muhallalah’ means halal woman and (نكاح الحلالة) means halala marriage.
According to Islamic law, a husband can divorce his wife three times in three stages and permanently separate their family.
If a husband divorces his wife three times, that wife will no longer be halal for that husband. But if the divorced wife marries a second man.
Then the second husband also divorces her three times, then she can get married again to the first husband.
The marriage that took place with the second husband after separation from the first husband is called ‘nikah Halala’ or Halala marriage.
Because of this marriage, it has become halal for the first husband to remarry the girl whom he had previously forbidden to marry.
Is Halala mentioned in Quran?
If a husband bails his wife, it becomes haram for him. He will not be able to marry that woman again through new Aqdas.
But if the divorced woman marries another man and divorces him again naturally, the first husband can remarry her.
There is a clear discussion in the Holy Qur’an about Allah Ta’ala Nikah Halala. Below we highlight the verse.
Allah says (interpretation of the meaning):
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره فإن طلقها فلا جناح عليهما أن يتراجعا إن ظنا أن يقيما حدود الله} (البقرة:230)
Translation: If (the third) divorces, then this wife will not be valid for him until she is married to another husband.
Then if the second husband divorces, if the first husband and the wife think that they can abide by the rules of Allah, they object to remarrying.
Based on this verse, Fuqaha’i Keram called the three divorced girls ‘Bayina Kubra’.
After three divorces, it will be haraam for the first husband of that wife. However, if the second husband divorces after marriage, the first husband can marry her.
Is nikah halala allowed in Islam?
nikah Halala is completely legal in Islam. However, for him, Halala marriage has to be completed according to Islamic rules.
The Islamic rule of Halala is that after three divorces have taken place, this divorced woman will be married to another husband.
After marriage, he will divorce again of his own free will. Then after the three values have passed, the first husband will marry her again.
In case of marriage and divorce with the second husband, the first husband will not interfere in any way.
The second husband will marry this woman of his own free will and will divorce her after marriage.
In that case, the second marriage will be considered Halala. Not otherwise.
Would it be halal for a divorced wife to divorce her second husband only after Aqad has taken place?
Or will divorce after intercourse with the second husband be valid for the first husband?
Answer: According to the majority of Fuqaha’i Keram, if the second husband divorces only after the Aqd, then it will not be valid for the first husband.
Rather, in order for the first husband to be halal, the second husband must have intercourse. If she divorces after intercourse, it will be halal only for the first husband.
And Sayyid ibn al-Musayyab and his followers think that even if the second husband divorces after the Aqd, it will be halal for the first husband.
Ibn al-Munzir (may Allah have mercy on him) rejected their opinion and said:
“I do not know of anyone who has supported their opinion except Khawarij. And circumcision is a complete exception to their claim.
By circumcision, he refers to the hadith of a woman named Rifa. When Rifaya was divorced by her husband, she married a man named Abdur Rahman.
But Abdur Rahman’s penis did not stand. So Rifaya went to the Prophet (peace and blessings of Allah be upon him) and complained that she wanted to go back to her ex-husband.
Nikah Halala in Hadith
Then the Prophet (peace and blessings of Allah be upon him) said:
(حتى تذوقي عسيلته، ويذوق عسيلتك)
Translation: Unless you eat the honey of the second husband and the honey of the second husband. (Until then you will not be able to marry the first husband.) (Sahih Bukhari and Muslim)
In this hadith, the purpose of sexual intercourse has been taken by eating honey. So if the second husband divorces after intercourse, it will be halal for the first husband.
An impure form of Halala marriage
There is a misconception about Halala marriage in the Indian subcontinent. After divorcing a wife, the first husband wants to marry her again.
In this case, as the incident discussed earlier in the post, on the advice of a rabbi, it is impure for a man to hire a man and get him divorced and remarry that woman.
If a man does not have the intention of marriage in his mind but marries a divorced woman with the intention of making it halal for his first husband, then his marriage will not be pure.
If he has intercourse with that woman after this marriage, it will be Zina, and it will not be halal for him to marry her for the first husband after he has divorced her.
Imam Ibn Taymiyyah (may Allah have mercy on him) said:
فإذا تزوجها رجل بنية أن يطلقها لتحل لزوجها الأول، كان هذا النكاح حراماً باطلاً
Translation: If a divorced woman marries with the intention of making it halal for her first husband, then this marriage will be haraam.
Bin Baz – may Allah have mercy on him – said,
إذا كانت النية تحليلها لزوجها فهذا نكاح باطل وصاحبه ملعون نعوذ بالله من ذلك والرسول ﷺ لعن المحلل والمحلل له
Translation: If the intention of the second husband is to make the divorced wife lawful for the first husband, then her marriage will be annulled.
She will be cursed by this marriage. Because the Prophet (peace and blessings of Allaah be upon him) cursed both the one who makes it lawful and the one for whom it is made lawful.
Nikah halala in the Hanafi school
According to the Hanafi school, although this type of halal marriage is haraam, it will make the wife halal for the first husband.
This view is convenient for some people though. But it is extremely disrespectful to Muslim girls.
A girl will only be married for one or two nights. Then she will be divorced and the first husband will remarry. This is an awkward situation.