Thursday, April 5, 2012

The HARAAM Concept of Halala

The Haraam (forbidden) concept of halala

by Khurshid Imam

A. Introduction

Ask a mufti or maulana on an islamic scholar - "Can i marry a lady for one or two night?"
---- "What do you mean?"

"I mean i want to marry a lady for one or two night and after that i will divorce her. Is it ok? Is it permissible in islam?"
-- -- "No. No. its absolutely prohibited in islam. Its haraam. Its nothing less than zina i.e. illegal physical relation."

Though any person with the sane mind and little bit of knowledge of islam will agree that marrying someone for one or two night or for fixed time is prohibited in islam yet there exists a similar unislamic practice called halala. Thanks to blind and unconditional following of their-set-of-scholars. Thanks to utter most ignorance about islam.

B. What is Halala?

Note: The correct way of divorce or talaq in islam is hardly practiced by people. Almighty God has clearly guided us regarding the procedure of talaq yet muslims as a whole mock at ruling of Allah and adopt other method of talaq contrary to the one described by Almighty God. If a couple really try to follow the proper way of talaq then very very few talaq will happen between a husband and wife. 

One must keep in mind that the correct procedure of talaq is such that a couple is highly encouraged to reconcile. It is actually very difficult and requires high degree of conviction for divorce; that a couple will get separated.
However, if a couple agrees for divorce and complete all formalities for divorce then they are to be separated. Let’s assume husband was Mr. H and wife was Ms. W. Now, after divorce they are to be separated. Here both H and W are free to marry any person. However they both can not get married to each other. They both can get married if (here comes two different ways 1- islamic way 2 - Un-islamic way called halala) :

1. Islamic way -
a. The wife W marries to someone else - say Mr. E. They marry as per islamic way.
b. They have not decided or put condition that their marriage will be only for one night or any fixed number of time.
c. Then if within their married life at any point of time due to any unavoidable reason they decide for divorce and go for separation and they complete all formalities of talaq or divorce as per Quran.
d. Then this lady W can marry her first husband W.
e. The important point is that W can not marry to E with the intention of divorce.

2. Unislamic way called halala
All above steps except that W or E or both have decided in advance that they will go for divorce so as to facilitate marriage of W with H. 
Its utter non-sense and against common sense that a marriage happens for a fixed time. This is because of ignorance and blind following of people. This halala has become business in some part of india-pakistan. There are halala expert men whose job is to marry a lady, divorce her after 1 night so that she can marry her first husband. 

C. Important point:

Marriage is a very important and sacred bond. Due to not following God's way of life we know the horrific result of western world where more children and getting borne out of  (without their parents being married) wedlock.  

A. Just over 40% of births were outside of marriage in 2002 

B. Nearly half of all children born out of wedlock, official figures show (22 Oct 2010)

Since islam is a complete way of life (and not only theoretical gossip) hence islam prescribes best ways to deals with issues and day-today problems. One should not take marriage as game of doll. Its holiness need to be maintained. So Islam has prescribed the tough condition for re-marriage with the former husband IF talaq was complete in all aspects.

A Nikah in Islam is an Ibadat and is a contract of permanent nature till it is impossible for them to adjust later on for reasons unforeseen at the time of marriage. Describing the nature of permanency in a contract of Nikah, the Qur’an says: “They (the wives) have taken from you a solemn covenant.” (Quran, Surah Nisa 4:21)

D. Conclusion

1.      The Quranic way of talaq is hardly practiced by Muslims. The real method of talaq leaves no stone unturned in reconciliation between couple.
2.      After complete talaq husband and wife can marry only if wife marries a person without the intention of seeking divorce. If later in her married life, due to unavoidable reason she gets divorced, then only she can marry her former husband. This is Islamic way.
3.      The haraam concept of halal makes a wife marry a person for one night or a few days with the intention of divorce so that she can marry her former husband.
4.      Ignorance, distance from Quran is the main reason fro halala.

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  1. Salam,
    While I agree with your conclusion on a planned nikah halala being haram, what are your thoughts on muslim scholars and experts who claim that while a preplanned nikah halala is haram it is still considered valid if carried out?

    An example:

  2. I agree with above and believe in that muslim community in India-Pakistan and Bangladesh should be educated in proper way of ending their marraige lives. At the same time, I strongly feel that this is responsibility of our religious scholars to do the same. Having said this, I have little hope as our religious scholars seldom agree on such topics. One can only hope for things to get better so that common muslim community can follow correct way agreed by all.

  3. Nice piece, brother. I would like to add an IMPORTANT point over here, in the second para of section B, you have written-" Here both H and W are free to marry any person. However they both can not get married to each other."

    However, if let say at later point of time, a wife and a husband wish to, they can remarry each other twice (with fresh Mehar every time ) even after the first divorce is complete..without the condition. It is only after the 3rd divorce that they both cannot remarry..unless the condition is fulfilled under natural circumstances.

    Please verify this fact and include this in the piece as beneath this lies great importance.
    Jazakallah khair.