what is halala in islam

what is halala in islam

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Halala in Islam is a legal and religious procedure related to the remarriage of a woman to her ex-husband after divorce under specific circumstances. It comes into effect when a husband divorces his wife by talaq (divorce) three times consecutively, which is called talaq-e-mughallazah, or irrevocable divorce. After this triple talaq, the ex-husband is not allowed to remarry his former wife unless she first marries another man, consummates that marriage, and then either gets divorced by that second husband or the second husband dies. Only after this can the woman remarry her first husband. The purpose of halala is to prevent abuse of the divorce practice, especially repeated divorces and reconciliations, which Islam discourages due to the emotional distress it causes. It serves as a deterrent to hasty divorces and aims to preserve the sanctity of marriage by making remarriage to the same husband conditional on a legitimate subsequent marriage and divorce. The rules governing halala include:

  • The second marriage must be genuine, not arranged solely for making the woman lawful again for her first husband.
  • The second marriage must be consummated.
  • The woman must observe the waiting period (iddah) after the second divorce before remarrying her first husband.

Halala is often misunderstood and controversial. While its origin is rooted in Islamic jurisprudence and Quranic injunctions, some modern scholars have called for reinterpretations and legal safeguards against misuse or commercial exploitation of halala marriages. In summary, halala is a practice that:

  • Applies after a triple talaq divorce.
  • Requires the woman to marry another man, consummate that marriage, and get divorced or be widowed before remarrying her original husband.
  • Is intended to prevent the frivolous use of divorce and maintain respect for the marriage institution in Islam.

This is supported by Quranic verses and Islamic law and is a distinct procedure in Muslim personal law regarding divorce and remarriage.

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