Nikah Halala

In Sharia law a couple which undergoes a divorce cannot remarry unless the woman marries another man truly, consummate the marriage[1] and then her second husband dies or divorce her.[2] In this case the marriage (Nikah) of the woman with her second husband is called Nikah Halala.[3]

Overview

According to the sharia if husband divorced with the word "Talaq" then he can revoke the divorce within the Iddah period or the couples can remarry again after Iddah.[4]However, after the third utterance of the word "Talaq" they can neither unite within the Iddah period nor a new nikah can be done after Iddah until the ex-wife marries another man, to ensure that divorce is not taken lightly.[5]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. Nikah halala cannot be done as a condition or intention to make her lawful to her ex-husband. Nikah Halala is used mainly in countries that recognize the triple talaq.

Quranic reference

The Qur'an expounds: “And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know”. (2:230, Shahih International Translation).

Understanding Three Talaq

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).

Planned Halala

Pre-Planned halala is considered as impermissible.

As it is quoted "Prophet Muhammad (P.BU.H) 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).[6]

However, in spite of considering planned halala to be impermissible many ulama say "if it is done, the halalah will be valid".[7]

See also

References

  1. ↑ "Muslim man gets wife raped by friend, says it was 'Nikaah Halala'".
  2. ↑ "Meaning: Talaq-e-bidat and nikah halala".
  3. ↑ What is Halala? How is it performed? What are the conditions for Halala? questionsonislam.com
  4. ↑ Is the Talaq valid and can the girl remarry someone else? askimam.org
  5. ↑ what is the system of halala? is arranged halala is valid? after this type of arranged halala if the first husband makes sohbat with her before time limit of iddat and without nikah what is the order in shraee hudud islamqa.org
  6. ↑ "Is Halala Islamic?". islamawareness.net.
  7. ↑ http://www.askimam.org/public/question_detail/17323
This article is issued from Wikipedia - version of the 11/14/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.