Halala in Islam – A Brief Overview

Halala in Islam – A Brief Overview

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There is no such thing as Halala in entire Qur’an or hadith, the name Halala is man-made, and it has nothing to do with Islamic scriptures, The concept of Halala refers to the practice of a divorced Muslim woman marrying another man, consummating the marriage, and then getting divorced from him to be able to remarry her former husband. While the term “Halala” itself may not be found in Islamic scriptures, the practice is derived from interpretations of certain verses and Hadith.

What are the Rules of Divorce in Islam

In Islam, divorce is only allowed under certain circumstances where a problem arises between a husband and wife.

here are a few examples of circumstances in which divorce may be permitted in Islam:

1. Adultery: If a spouse is found to have committed adultery, the other spouse may seek a divorce.
2. Abuse: If a spouse is physically or emotionally abusive, the other spouse may seek a divorce.
3. Irreconcilable differences: If there are fundamental differences between the spouses that cannot be resolved through mediation or counseling, divorce may be permitted.
4. Abandonment: If a spouse has abandoned the other for an extended period of time without a valid reason, divorce may be permitted.
5. Addiction: If a spouse is addicted to drugs, alcohol or other substances and refuses to seek treatment, divorce may be permitted.
6. Incompatibility: If the spouses are fundamentally incompatible and cannot establish a healthy and productive relationship, divorce may be permitted.

Therefore, spouses have the option to separate from each other. However, there are rules regarding divorce that are based on Islamic law or determined by the country’s court system. Islamic law sets guidelines for divorce, which require the husband to follow a certain procedure before pronouncing the divorce. The husband must make two attempts to reconcile with his wife, with a waiting period of at least three months in between. If reconciliation fails, then the husband may pronounce the divorce. However, even after the pronouncement of divorce, the couple has a waiting period of three months before the divorce is final, during which time they can reconcile without the need for remarriage. If a divorce case goes to court, the judge will consider the relevant Islamic laws and the country’s legal system to decide the case. It is important to note that divorce should be a last resort and efforts for reconciliation should be made first.

Quranic Instruction on Divorce and Waiting Period

Quran 65:1
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah , your Lord. Do not turn them out of their [husbands’] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah . And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.

Quran 65:4
And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allāh – He will make for him of his matter ease.

• This verse referring to the rules regarding divorce in Islamic law. It states that if a man divorces his wife and she has reached menopause or is past the age of menstruation, then the waiting period (iddah) is three months. This waiting period is to ensure that the woman is not pregnant and that there is no doubt about the paternity of any potential child. The verse also mentions “those who have not menstruated”, which refers to young girls who have not yet begun menstruating. In such cases, the waiting period lasts three months from the time of divorce or until they reach menarche, whichever comes first. For pregnant women, the waiting period ends when they give birth. This is because the child’s paternity is established at birth, and there is no need for a waiting period to ensure that the woman is not pregnant.

Does a triple divorce count as one

It is not permissible to give an instantaneous divorce according to the Hadith of Prophet Muhammad. However, triple divorce can be counted as one under certain circumstances. For example, if there is a serious issue such as physical abuse by the husband or if both spouses agree that they cannot live together, then this can become a serious problem. In such cases, if the families of both the husband and wife come together and decide that they must separate, then it is permissible to give triple talaq at once.

Sunan Abi Dawud 2196
The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: “O Prophet, when you divorce women, divorce them at their appointed periods.

Sahih Muslim 1472 c
Abu al-Sahba’ said to Ibn ‘Abbas:
Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah’s Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of ‘Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).

• It is important to note that the statement referred to as Sahih Muslim 1472c is not a word of Prophet Muhammad, but rather a word of Abu Bakr. This practice was permissible during the time of Abu Bakr and it is still considered legal, but only in serious matters. However, if the matter is not serious, and if someone gives an instantaneous triple divorce without informing both family members, or the nearby Muslim community, then this divorce will be counted as one.

Can a husband and wife remarry after divorce

After a divorce, a couple can remarry each other. However, whether the woman marries someone else or not depends on her own decision. If she does marry someone else and that marriage ends in divorce or her husband passes away, she can remarry her former husband. It is important to note that it is not permissible to marry another man and then divorce him instantly to remarry the former husband.

Sunan al-Tirmidhi 1120
The Messenger of Allah, peace and blessings be upon him, cursed the one who marries a woman to overturn an irrevocable divorce (al-muhill) and the man for whom it is done.

• The hadith from Sunan al-Tirmidhī 1120 states that the Prophet Muhammad, peace be upon him, cursed the man who marries a woman with the intention of divorcing her immediately so that she can remarry her former husband (known as al-muhill), as well as the man for whom it is done. This practice is considered forbidden in Islam and is condemned by the Prophet.

The Importance of Avoiding Hasty Divorce in Islam

Divorce is a complex and serious process that can have a profound impact on the lives of those involved. While it is allowed in certain situations, Islam regards divorce as a detestable act that should not be taken lightly. When a person gives a divorce, it is not an easy path to remarry. Rules have been established to prevent people from giving a divorce hastily and repeating it frequently. Therefore, it is highly recommended that individuals try to resolve any issues that they may be facing among themselves before resorting to divorce. By taking a serious approach to their problems and attempting to work through them together, individuals can avoid the need to go through the painful and disruptive process of divorce. Ultimately, divorce should be seen as a last resort, something to be avoided unless absolutely necessary, in order to preserve the sanctity of marriage and protect the well-being of all parties involved.

Sunan Ibn Majah 2018
The Messenger of Allah said: “The most hated of permissible things to Allah is divorce. 

Forbidding Taking Women As Property

Quran 4:19
O you who believe, it is not lawful for you that you should forcibly take women as inheritance. Do not hold on to them so that you may take away some of what you have given them, unless they commit a clearly shameful act. Live with them in the recognized manner. If you dislike them, then it is quite likely that you dislike something and Allah has placed a lot of good in it.

• This verse from the Quran, chapter 4 verse 19, addresses the believers and instructs them that it is not permissible for them to inherit women forcibly, i.e., to take them as property. It is also forbidden to take back the gifts or dowry given to them, except in cases where they have committed a clear act of indecency or immorality. The verse emphasizes the importance of treating women with respect and dignity and not using them as objects to satisfy one’s desires or needs. The verse further instructs that if one is married to a woman, they should live with her in a recognized and honorable manner, as prescribed by Islamic teachings. The verse reminds believers that they should strive to find good in their spouses and not dislike them for trivial reasons, as Allah has placed a lot of good in them. Overall, this verse emphasizes the importance of treating women with kindness and respect, and maintaining a healthy and loving relationship with one’s spouse.

Divorce in the Bible: Understanding Biblical Perspectives

There is no explicit concept of divorce in the New Testament Bible. Instead, it is highly recommended for spouses to live together, even if they are unhappy with each other or facing difficulties in their marriage. In cases where one spouse harms the other, separation is still not allowed. However, in certain circumstances, divorce is permissible. For example, in Matthew 5:32 and 19:9, Jesus allows for divorce in cases of adultery or sexual immorality.

Matthew 5:32
But I tell you that anyone who divorces his wife, except for sexual immorality, makes her the victim of adultery, and anyone who marries a divorced woman commits adultery.

• Keep in mind that this is unjust. For example, if a Christian husband is physically abusive towards his wife or if he is an alcoholic and his wife does not want to live with him, why should she still be forced to stay with him?

1 Corinthians 7:15 Paul
But if the unbeliever leaves, let it be so. The brother or the sister is not bound in such circumstances; God has called us to live in peace.

• Saul, who is also known as Paul, allowed for someone to get a divorce, but that person would become an unbeliever because they disobeyed the message of the Bible, which generally does not permit divorce. Paul did allow for divorce in certain circumstances, but according to him, if someone chose to get a divorce, they would become an unbeliever.

Can a Christian remarry after divorcing their first husband or wife

According to Christian beliefs, remarriage is generally not permitted if someone divorces their spouse without biblical grounds, such as adultery. Luke 16:18 clearly states that marrying another person after such a divorce is considered adultery, which is a serious sin in Christianity. If a Christian girl marries a Christian boy, but they divorce each other under the country’s judicial system and one of them remarries someone else, both that person and their new spouse are considered adulterers according to the Bible. How can this be the word of God?

Summary:

It is important to note that not all Christian majority countries adhere to the traditional views on marriage and divorce. While some may uphold the belief that divorce is morally wrong or socially unacceptable, others may have more liberal attitudes towards divorce. However, despite these differences in beliefs and practices, statistics consistently show that the highest number of divorce cases are from Christian majority countries.

Reference: Divorce Rates by Country 2023