The term Nikah means “Marriage” and Halala refers to something halal and permissible in Islam.
In the “Nikah Halala” system, a woman who has undergone triple talaq marries another man, consummates the marriage, then obtains a divorce so she can remarry her first husband if both are willing to marry each other.
Nikah Halala is also termed ‘Tahleel marriage’.
According to pre-Islamic traditions practiced earlier, men used to divorce their wives and then remarry them and they used to do this as many times as they wished to ill-treat them.
Prophet Muhammad SAW tried to put an end to this vicious practice and so He established the rule of Halala marriage.
In the religious text, Halala refers to the opportunity granted to an irrevocably divorced couple to remarry if both parties wish to do so. The Quran allows for two revocable divorces. A man can revoke the divorce during the three-month iddat period either verbally or by engaging in physical contact. However, if he doesn’t fulfill either requirement during the iddat time but changes his mind afterward, he may perform a new nikah. The woman doesn’t need to marry another man first. With a new nikah and mahr, the two can get married once more. If the woman does not get married, this can be done as soon as the iddat period ends or at any time in the future.
However, if the first divorce is denied but the husband seeks divorce again, the same process must be followed again. Furthermore, he can undo the divorce with words or intimacy. The marriage would end if neither was done within the waiting period. Yet again, if he wants his wife back and she is also willing after the iddat phase, they can get a nikah without involving any third party.
And if in case, the man pronounces divorce for the third time, the woman becomes completely haram for him and she will be independent to marry anyone else after the conclusion of her iddat period or she may choose to remain unmarried as well.
If she marries another man and he dies, or he divorces her following Islamic law, then she will enter the iddat period again. At this time, she will be the widow of her second husband. After the iddat period is over, she will become once again an independent woman. Now, if she wants to choose a third partner and If the first husband wants to remarry her, she can go back to her first husband through a new nikah. Now, she will be halal for him.
It is mentioned in the Quran:
“Divorce is twice. Then, either keep (her) in an acceptable manner or release (her) with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep (within) the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.” (Qur’an 2.229)
And then ALLAH SWT says 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 SWT, which He makes clear to people who know.” (Qur’an 2.230)
This is the concept in Islam for the independence of women that has been made a mockery by half-wit people misleading other Muslims.
Today, people do Halala intentionally in a well-planned and plotted manner which is completely prohibited in Islam and is considered haram.
According to an authentic Hadith ‘Tahleel Marriage’ (Nikah Halala) the intention of divorcing so that the original spouses can re-marry is strictly prohibited.
Abu Dawood and Ibn Majah reported that ALLAH SWT cursed both the first husband (Muhallil) and the temporary husband (Muhallil lahu) for this act. And Ibn Majah calls the temporary husband “a borrowed billy-goat”.
Al-Hakim Nishapuri says further that marriage should be based on genuine intentions and that in the time of Prophet Muhammad SAW, tahleel spouses would have been considered adulterers.
May ALLAH SWT grant us with intellect to understand the deen better and follow as described by ALLAH SWT and his messenger and not by those who alter the Islamic rule and mislead others.
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