Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

What is "Halala" in Islam ? some say that for rejoining your husband you have to do marriage to another person and then get divorce from that person and than u can marry with yr old husband ? is there any misconception in this view about "Halala" . what it is actually ?

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Answer:

What is halala irrevocable divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230 So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

To prevent making a mockery of the sacred institution of marriage and of the rights of women, where the man divorces his wife and marries her again and again, Islam imposed the two-strike rule whereby a man is allowed to divorce and remarry the same woman again only twice. If the man divorces his wife for the third time, it would constitute an irrevocable divorce and it would be impermissible for the man to marry the same woman again unless and until she (perchance) marries another man, consummates the marriage, and the man dies or of his own will divorces her.

Your Question: What is "Halala" in Islam ?

The term ‘Halala’ is when a man has irrevocably divorced his wife, and they (or some people) intentionally plan and arrange for another person to temporarily marry the (divorced) wife, so that the wife can again become legal again for the first husband. This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person to intentionally circumvent the Laws of Allah and make her legal for her first husband is what is known as ‘Halala’.

It is absolutely impermissible and a grave sin in the sight of Allah for the believers to plan such a ‘halala’ to intentionally circumvent and make a mockery of the Laws of Allah Subhanah. The Messenger of Allah (saws) invoked the curse of Allah on the people who practiced ‘halala’ and on those for whom it was practiced.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and sincere well wisher in Islam,

Burhan