Triple talaq & Halaala: Islamic Perspective

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What is Nikaah Halaala ?

“Halala (Urdu: حلالہ) is an Islamic marriage practiced primarily by certain sects of Sunni Muslims, which involves a female divorcee marrying someone else, consummating the marriage and then getting a divorce in order to make it allowable to remarry her previous husband”  source: wiki

“Nikaah halaala” is an oxymoron as nikah or solemnization of marriage in Islam is a sacred concept whereas Halaala is a form of legalized prostitution and totally against the Islamic values and teachings.

The origin of this term and this practice seems to be in the Indian subcontinent where due to illiteracy ignorance of Muslim community the so called “thekedars” of Islamic religion ie the wicked moulvis try to take advantage of the situation by using devious interpretations to religious texts to justify their hideous acts where the real motive is self aggrandizement & gratification. I don’t want to stereotype all moulvis, there are some good ones too who are putting in lot of effort to imparting islamic values in muslim youth but these types are rare to find nowadays.

Now coming to the devious interpretations to religious texts which the deviated Mullas use to deceive people. It is mentioned in the Quran:

“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.”

As is clear from above mentioned verse from Quran that when a women is divorced irrevocably from her husband then she cant remarry him unless and until she consummates marriage with another person and then undergoes divorce again OR her husband dies. This verse is clearly talking about natural circumstances – not pre-planned SHAM marriage and divorce akin to match fixing.

Now if we see the definition of Halaala as stated at the beginning of this post it is clear that in Halaala it is pre-decided / pre-planned that there will be divorce after specified period of time which is generally one or two days. Whereas the basic principle concerning marriage is that it should be ongoing and permanent. Temporary marriage – i.e., mut’ah marriage is HARAAM or PROHIBITED in Islam. 

Al-Shafi: “The meaning of the prohibited form of Mutah marriage is: every marriage that was contracted for a certain duration whether short or long, such as a man saying to a woman: I will marry you for a day, ten days or a month. Or he may say: I will marry you.

What Islam says about “time bound” or “Muta’h” marriages:

It was narrated from ‘Ali (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut’ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mut’ah marriage at the time of Khaybar and he forbade the meat of tame donkeys. [Narrated by al-Bukhaari, 3979; Muslim, 1407.]

Source: What is the ruling on temporary marriage in Islam?

What has Fatwa (Ruling) on Muta’ah Marriage to do with Halaala ?

In case it is still not clear as to what fatwa on forbiddance of muta’ah marriage has to do with Nikaah Halaala – then nikah halaala is even worse than Muta’ah marriage, whereas Muta’ah marriage is time bound and it may even last for year or more the Halaala (Sham) Marriage is hardly for few days where husband agrees to allow his wife to sleep with other men so that he can take her back; So it is highly reprehensible act, no self respecting man or women can do or accept such a thing, in fact it is similar to prostitution or pimping. When Muta’ah is haraam then halaala is far worse than that and it has all conditions for which muta’ah marriage was termed haraam plus more. Hope this settles all doubts once and for all.