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NIKAH HALALA

अपमान ना कर नारी का, ए नादाँ-परिंदे जल जाएगा। 

गर समझ पाया उसकी हैसियत तू, तो तू मिट्टी में मिल जायेगा।

– Divya Shree Nandini 

We often hear in the news or around us that a husband divorced his wife just by saying – TALAQ, TALAQ, TALAQ. Is the depth of the relationship broken by just saying these three words? Just saying that I despise you or I divorce you, does that relationship get shattered in these words? Well, let’s know about what is halala? In Islam, the process of marrying the same woman again after giving three talaq to that woman is Halala. It also known as Tahleel Marriage. 

This ritual has been exploiting Muslim women for years. Forcing them to be bedmates for one night with strangers. Just because the happiness which are lost in their life will come back. They divorce woman after becoming husband for one-night so that they can marry again with her first husband. This form of marriage is haram (forbidden) as per the hadith of Islamic prophet Muhammad. Nikah halala is practiced by a low minority of Muslims, mainly in countries that recognise the triple talaq.

Prophet Muhammad Sayings-

According to Abu Dawood and Ibn Majah, both the First Husband (Muhallil) and The Temporary Husband (Muhallil Lahu) were cursed by Allah, and Ibn Majah calls “a borrowed billy-goat” to temporary husband.
As per the Hadith a Tahleel Marriage (Nikah Halala) with the intention of divorce so that the original spouse can get married again is forbidden (Haraam).
The arrangement for the temporary marriage of a divorced wife with another person, it is deliberate conspiracy and plan, absolutely impaired and there is a serious sin in the eyes of Allah. Halala is prohibited in Islam.

Falsity About Halala-

The misconception between our society is understanding Halala as a practice, in which a women gets married to another person after divorcing by the irreversible lock. In fact, the wrong assumption about the Halala is that the practice of Halala forces the divorced wife with any other person for temporary marriage. She has no choice of her own, she has to take divorce with the second husband with the intention to legalize the marriage with her former husband. 

Truth About Halala-

As per the Quranic Views:

  •  In classical Islamic law, a husband may divorce by simply announcing to his Talaq.
  • The initial declaration of Talaq is a revocable repudiation (ṭalāq rajʿah) at it does not terminate the marriage.
  •  During the waiting period (iddah) the husband can revoke the divorce at any time, which lasts three full menstrual cycles. 
  •  The resumption of sexual relations will automatically retracts the repudiation. 

When the waiting period expires the divorce becomes final. This is called a “minor” divorce (al-baynuna al-sughra) and the couple can remarry but on a condition that if the husband repudiates his wife for the third time, it triggers a “major” divorce (al-baynuna al-kubra), after which the couple cannot marry again without an intervening consummated marriage by the wife to the another man. This is also known as Tahlil or Nikah Halala. By making the third pronouncement irrevocable acts as a deterrent to rash repudiations.
If a husband [after revoking divorce twice in a marriage bond, divorces his wife. He cannot marry her until she has weddede another man.
But if the second husband also divorces her, it is not an offence for either of them to these to each other, if they think that they can now keep within the limits set by Allah. These are the bounds by Allah. He makes them plain for those men who want to gain knowledge. (Quran 2:230)
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
It said, 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.

Halala Has A New Form of ‘Hulla’-

This happens very rarely when the first husband wants to marry his wife again due to some big coincidence. But it is often that due to the ease of triple talaq, often, men deliberately speak talaq-talaq-talaq thrice. Later, when he realizes his mistake, he wants to reconnect with the same woman. In such a situation, it is often seen that it is necessary to marry again before reconnecting. But according to Islam, deliberately or planning to marry another man and then divorce him only so that marriage can be justified first, this plot is illegitimate. But there is a provision for this because one aspect of this is that if the cleric agrees, then he should understand. Therefore, by joining the cleric, it is decided to someone who will divorce the woman along with the marriage. This process is called Hulla. That is, the whole process of being Halala is called ‘Hulla’.

What is Khula-

If wife only wants a divorce, she will have to ask for divorce from husband. Obviously, if Shauhar does not want a divorce, he will try to convince his wife and if she still does not agree, then her husband will give her divorce. But if her husband does not divorce her, despite asking for a divorce, it is easy for the wife in Islam to go to the city Qazi (judge) and ask her to get divorce from the husband. Islam has given the Qazi the right to declare their relationship, which will lead to their divorce, in law it is called Khula.
Actually, this is the right way to divorce, but it is a pity that people here go against this method and people divorce three times without thinking about it. By going against Islam, they themselves take trouble without thinking and also defame Islam.

In India-

Petitions are filed by many Muslim women in Indian Supreme Court against nikah halala. In March 2018, the Supreme Court issued notice to the Indian government on the difficulty of nikah halala and polygamy. The BJP ruled government is in favor of criminalizing nikah halala because the government believes that the practice is against the principles of gender justice, and made its stand clear within the apex court on the difficulty. Muslim women’s rights organizations have welcomed the attitude of the govt and stated that these initiatives should are taken much earlier.
The Supreme Court of India will hear the petition against nikah halala and polygamy in Muslim communities from July 20, 2018. On Sept 13, 2018, a Muslim woman named Shabnam Rani was attacked with acid. She was one amongst the petitioners against the practice of nikah halala. Islamic radicals are the most suspects. On Sept 18, 2018 the Supreme Court asked the govt to provide adequate security to the woman.

Conclusion-

Hallala system is not a mal practice even though no practice is ever made for misuse. It is we humans who misuse these practices and their purity for our own sake. Have we ever thought that sometimes because of them we are doing wrong with our own people? It became the same thing, “Kare koi aur bhare koi”.
Does the Pak Quran permit this? Absolutely not. We twist and break pure things for our own sake.
Does our humanity just end here?

References:

https://en.m.wikipedia.org/wiki/Nikah_halala#:~:text=On%20Sept%2013%2C%202018%2C%20a,adequate%20security%20to%20the%20lady.
https://www.thequint.com/voices/women/so-what-does-the-quran-say-about-nikah-halala-triple-talaq-polygamy
Wael B. Hallaq (2009). Sharī’a: Theory, Practice, Transformations. Cambridge University Press (Kindle edition). p. Loc. 7921–7950.
https://m.timesofindia.com/india/centre-to-oppose-nikah-halala-in-supreme-court/articleshow/64796212.cms

Image Credits

This blog is authored by- Divya Shree Nandini 

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