Halala divorce and remarry.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
i have
2 very important questions:
Question
1:
If a muslim man has divorced his muslim wife and both have lived divorced for a
period of 5 - 6 yrs and after this time period he decides to get back to the
same lady because of the child which was born in the wedlock ... is there any
way that he(man) can re-marry and call the wife and the child back to him with
out the girl getting in to a "HALALA".
Is
"HALALA" the only option for the girl to get back and re-marry this
man.
my 2nd question:
What
if the same muslim couple in my question 1, gets themselves registered and
perform a court marraige in |United States of
Does
the girl has to do a HALALA before she re-marries the same person.
thanks..
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Halala divorce and
remarry
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
The term ‘Halala’ is when a man who has irrevocably
divorced his wife, and they (or some people) intentionally plan and arrange for
another person to temporarily marry the (divorced) wife, so that the wife can
become legal again for the first husband.
This intentional plotting and planning for arranging the temporary
marriage of the divorced wife with another person to intentionally circumvent
the Laws of Allah and make her legal for her first husband is what is known as
‘Halala’.
It is absolutely impermissible and a grave sin in the
sight of Allah for the believers to plan such a ‘halala’ to intentionally
circumvent and make a mockery of the Laws of Allah Subhanah. The Messenger of Allah (saws) invoked the
Curse of Allah on the people who practiced ‘halala’ and on those for whom it
was practiced.
Sunan of Abu-Dawood Hadith 2071 Narrated by Ali ibn AbuTalib
The Prophet (saws) said: ‘The Curse of Allah
be upon the one who marries a divorced woman with the intention of making her
lawful for her former husband, and upon the one for whom she is made lawful!’
Under any and all circumstances, the process of what is
known as ‘halala’ is not even an option for one who sincerely fears Allah and the
Last Day.
Your
Question: If a muslim man has divorced his muslim wife and both have lived
divorced for a period of 5 - 6 yrs and after this time period he decides to get
back to the same lady because of the child which was born in the wedlock ... is
there any way that he(man) can re-marry and call the wife and the child back to
him
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 229-230:
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back
any of your gifts (from your wives) except when both parties fear that they
would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would
be unable to keep the limits ordained by Allah there is no blame on either of
them if she give something for her freedom. These are the limits ordained by
Allah; so do not transgress them. If any
do transgress the limits ordained by Allah such persons wrong (themselves as
well as others).
230 So if a husband divorces his wife (irrevocably) 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 reunite provided
they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which
He makes plain to those who understand.
To prevent making a mockery of the sacred institution of
marriage and of the rights of women, where the man divorces his wife and
marries her again and again, Islam imposed the two-strike rule whereby a man is
allowed to divorce and remarry the same woman again only twice. If the man divorces his wife for the third time,
it would constitute an irrevocable divorce and it would be impermissible for
the man to marry the same woman again unless and until she (perchance) marries
another man, consummates the marriage, and the man dies or of his own will
divorces her.
If the divorce which was established between the couple
was the 1st or the 2nd declaration of divorce, then that
divorce is indeed revocable, regardless of the amount of time which has
elapsed. If a couple have been divorced
for five or even fifty years, and they wish to remarry again….provided the
divorce which was established was either the first as second, the two are well
within their rights to seek to remarry each other, and a brand new ‘nikaah’
should be performed between them.
Your
Question: What if the same muslim couple in my question 1, gets themselves
registered and perform a court marraige in |United States of
The absolutely obligatory conditions of an Islamic
marriage are:
If the above listed four absolutely obligatory conditions
of ‘nikaah’ are fulfilled, regardless of who or where the marriage is
conducted, the marriage will be considered absolutely valid and legal in the
Sight of Shariah Law and of Allah Subhanah.
If one chooses to honor and fulfill the above obligatory
conditions of ‘nikaah’ in the presence of a Judge or Registrar in a Court of
Law, there is absolutely no harm.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
