What is halala?

Halala (Halaal)

Halala, also known as nikah halala, is a practice predominantly found within some interpretations of Islamic family law. It involves a woman who has been irrevocably divorced (talaq-e-mughallazah in some legal systems) marrying another man, consummating the marriage, and then getting divorced by this second husband so she can then remarry her first husband.

The core issue revolves around the interpretation of certain Quranic verses concerning divorce. Some interpretations state that a woman who has been divorced three times (triple talaq) by her husband cannot remarry him unless she first marries another man and that marriage is terminated by death or divorce.

Here's a breakdown of the critical aspects:

  • Context: It arises after a man pronounces irrevocable divorce (often three times, known as talaq-e-mughallazah in some traditions).
  • Process: The divorced woman must marry another man, have a genuine marital relationship with him, and then be divorced by him. Only then is she considered eligible to remarry her first husband. This is a <a href="https://www.wikiwhat.page/kavramlar/temporary%20marriage">temporary marriage</a> that is prearranged with a divorce.
  • Purpose: Supposedly, the purpose is to discourage men from hastily divorcing their wives by making remarriage more difficult after a triple talaq.
  • Controversy: The practice is highly controversial. Many Islamic scholars and activists condemn it, arguing that it goes against the spirit of Islamic law, which emphasizes fairness and dignity in marital relationships. They argue that it is a form of <a href="https://www.wikiwhat.page/kavramlar/sexual%20exploitation">sexual exploitation</a> and undermines the sanctity of marriage. They also argue that the verses upon which Halala is based were meant for specific historical contexts, not to be applied literally in all situations. Others interpret the same verses as permitting the woman to remarry her ex-husband only if she remarries in good faith and her second marriage ends naturally by death or divorce, not by prearrangement.
  • Legality: The legal status of Halala varies across different countries and legal systems. In some places, it is considered legal, while in others, it is outlawed and penalized. Even in countries where it is not explicitly illegal, it may be viewed as against public order and morals.

In summary, Halala is a controversial and disputed practice that raises complex questions about the interpretation of Islamic law, women's rights, and the ethics of marital relationships.