I know of someone who did this - she got divorced from her husband, spent two years away from him, had an epiphany and all of a sudden wanted to get back with him, strung along some random guy, got married to him [with the intent of divorcing him soon after], consummated the marriage, divorced him and then got married to her first husband.
so, is this halala thing for real... as in it is really a part of religion?
'cause I was talking to a guy who's pretty knowledgeable about religion and he didn't seem to think so. I got the impression that it was one of the subcontinent jahaalats we have like caste system, etc. he was also talking about how some moulvis in Karachi (he's from there) just specialize in offering their services for halala. damn... moulvis have all the fun. Hugh Hefner would be so jealous if he only knew about all the game mouvlis have got. I need to get into some of this halala scene myself.
The Quran says in simple terms, what is possible. Not like as a suggestion or recommendation.
The verse is about taking the wrong option of remarrying out, ........rather than giving someone any immediate option to marry the woman again.
Anyone with some brain cells working would agree, that Islam did not want the woman to be treated like a 'ping pong' ball.
err... right... so making her go marry some other man, consummating the marriage, getting a divorce and then remarrying the original man definitely doesn't treat her like a "ping pong ball".
Marrying to a man and then spending a night for the sake to get back to the first person has been disliked by Prophet PBUH and i think lanat bhi bheji gai hai aisay logon pe.
From what i have heard, this can be on purpose that you get married to someone knowing u want to get out of this relationship to remarry your ex-husband. You can't do that on purpose! If you marry someone you have to give it your 100% to make it work.
EVEN if your ex-husband really repents what he has done for the divorce to happen in the first place, HOW could he tolerate his wife getting married and sleeping with her new husband only to get back with him?. Isnt that again selfish of him to have his loved one go thru all this to pay for his wrongs?
Halala unlike Mutah is Shiasm is not a recognised term or virtuous activity.
It is an informal way of referring to that 'procedure' that has to have happened for former spouses to be spouses again.
Wisdom of the new marriage before possible re-marriage, is to dissuade emotional blackmail of women on the basis of divorce. Thus creating greater stability for the life of a women and marriage, and society as a whole.
Purposful practice of 'Halala' is although not stated in the koran or hadith as Haram. Although, By analogy of the majority of sunni scholars and schools of thought it is forbidden since the concept of Nikah means a lifelong bind and spiritual relationship, and one must enter into Nikah with that intention.
However one school of thought, if i remember correctly, the hanafis, condone Halalah in exceptional circumstances.
Respectivly, it is by no means a tool nor convinience for a person to casually alternate partners, as Islamically a new nikah is valid, only after the subject female has satisfactorily completed 3 months idat or probation.
I am not a religious scholar, but here my 2cents (I have checked with a mufti regarding this anyway).
Actually in Islam there is no such thing as halala, but since Islam allows women to remarry to ex husband after marrying and consummating with someone else. In other mean this lady become Halal **to marry the ex husband after getting divorce or becoming widow to 2nd husband thats why people start calling it **Halala.
But there are issues one must look into carefull, all major sunni schools agree finallity of Talaq even if given 3 time at one sitting, but Ahl-e-Hadis believe that there must be a reasonable time between 3 Talaqs (so if Talaq Pronounced in one sitting even 100 time would still considered one Talaq).
Even in case of Talaq become necessary, one could avoid trauma of going through/ or excepting wife to go through halala by careful planning.
If husband pronounce less then 3 talaq(only one or two) and do not revoke during iddat period, the Talaq would become effective and lady is free to marry someone else, but they still have chance to remarry each others (if they want) without any Halala (there is no time limit for this but they need to re nikkah and the husband only have remaining talaqs (in case earlier he has given two talaqs then he would only left one chance).
Now come Halala, it is Haram (actually called makaooh-e-tehrimi) to marry someone with sole understanding the he would divorce her after consummate the marriage. On other side if after marrying her in good faith, but later realizing hardship of ex-husband and children he willingly Talaq her then Allah would reward him for good deed.
However one school of thought, if i remember correctly, the hanafis, condone Halalah in exceptional circumstances.
It is not correct, there is clear Hadees that Allah curse those who marries just to make one halal for someone else, so Hanifi also do not condone blatant Halala.
It is clearly required that marriage has be to bona fide, without any prior agreement but after marriege if husband realize hardship of her ex husband and children and decided to divorce her with his free will then not only it is acceptable but Allah would reward him for that.
Making jokes of Allah's words... Muslims are the best...Halala is the example
On the topic, any Nikkah with the intention of Halala is not valid... hence there is no Halala or anything like that in Islam... yes it is said that if a man divorce his wife and then wife went on and marry somebody else and for some reason she got divorced or ( may be widow as well), then only she can re-marry the person... not that a girl go sleeping around with men to get back with his husband who was stupid enough to let her go in the 1st place...
I completely agree. anyone who thinks halala is valid in Islam is completely mistaken. it is totally forbidden. You can re marry the 1st husband if for any reason you get separated from 2nd husband due to divorce or widowed .. but marrying with the intention of getting a divorce just to get together with first husband is not allowed.
I have a question here..religious discussion would follow obviously. But different school of thoughts have different views of Talaaq in Islam. As in as far as I remember and from what I took, there is a certain time period between the three talaqs. Please correct me if I have heard wrong but some scholars are of opinion that saying talaaq 3 times constitutes just ONE talaaq. the husband and wife can still be together. The second one has a definite interval and after that they both have to get into a Nikkah again but after the third one, the talaaq becomes irreversible and the wife is no longer halaal for the husband.
So if somebody does give talaaq in momentary rage would that really be a proper divorce?
and as for Halaala, it is a terrible ordeal the woman has to go through and the guy suffers alot too. But the woman probably gets most traumatised by this. it affects lives of three people. Marrying someone else solely to be back with the ex-husband is inhuman !
this is what i learnt in my Quran class but not the bit where you have to get a nikah done after the 2nd talaaq.
If you get together with your wife (you have to give 3 talaaqs in 3 months) during this time, say the 1st month after giving 1 talaaq, you can do so. it is not a full talaaq. This is because anger can make people do things in moments which they would never think of, Allah has done us a favour by providing these guidelines for divorce.
Regarding the ahle-hadith tine interval talaak.
I would comment on this that, the interval period is stilll analagous to the pre-islamic period talaak, in the way a husband can still always get his way by saying he will give her full tallak on thext interval etc.
The sunni talaak= 3 in one time. More strongly furfills the objective of the islamic ruling of divorce, that there is no time intervals to emotinally blackmail or influence the wife.
One talaak and thats it. So the husband would only issue it when he defintly means.
I have some discussion with a Mufti regarding this matter partially discussed in my earlier post, there are few things one must consider:-
Do not 3 Talaq whenever is possible (it might be a good idea if one is going through amicable divorce then should only settle with one or twoTalaqs).
The advantages is if not revoked during Eddiat period, although Talaq would be final and the lady is free to marry someone else, but if couple decided to got back to each other sometime in the life it would they are free to re nikah without any stigama of Halala.
On otherside i am also told, if Talaq prononced when the man is mantailly instable to the extent that he does not know what he was doing is not valid, but would not coverd if someone is out of his mind due to infulance of alchohal.
If someone loss his sences due to extreme anger (to the extent he could not understand what he is doing) the Talaq prouanced during the time also not valid. But Ulama are very careful about this one as it is very possible the everyone start claming that he lost his mind later on.
By the way there all are according Hanafi school, not sure about others.