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:

i have 2 very important questions:

Question 1:

If a muslim man has divorced his muslim wife and both have lived divorced for a period of 5 - 6 yrs and after this time period he decides to get back to the same lady because of the child which was born in the wedlock ... is there any way that he(man) can re-marry and call the wife and the child back to him with out the girl getting in to a "HALALA".

Is "HALALA" the only option for the girl to get back and re-marry this man.

my 2nd question:

What if the same muslim couple in my question 1, gets themselves registered and perform a court marraige in |United States of America with out a Nikkah and a halala.. is this marriage going to be islamicly legal and acceptable

Does the girl has to do a HALALA before she re-marries the same person.

thanks..

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Answer:

Halala divorce and remarry

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

The term ‘Halala’ is when a man who 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 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.

Sunan of Abu-Dawood Hadith 2071 Narrated by Ali ibn AbuTalib

The Prophet (saws) said: ‘The Curse of Allah be upon the one who marries a divorced woman with the intention of making her lawful for her former husband, and upon the one for whom she is made lawful!’

Under any and all circumstances, the process of what is known as ‘halala’ is not even an option for one who sincerely fears Allah and the Last Day.

Your Question: If a muslim man has divorced his muslim wife and both have lived divorced for a period of 5 - 6 yrs and after this time period he decides to get back to the same lady because of the child which was born in the wedlock ... is there any way that he(man) can re-marry and call the wife and the child back to him

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.

If the divorce which was established between the couple was the 1^st or the 2^nd declaration of divorce, then that divorce is indeed revocable, regardless of the amount of time which has elapsed. If a couple have been divorced for five or even fifty years, and they wish to remarry again….provided the divorce which was established was either the first as second, the two are well within their rights to seek to remarry each other, and a brand new ‘nikaah’ should be performed between them.

Your Question: What if the same muslim couple in my question 1, gets themselves registered and perform a court marraige in |United States of America with out a Nikkah and a halala.. is this marriage going to be islamicly legal and acceptable

The absolutely obligatory conditions of an Islamic marriage are:

1. The proposal by one party (groom or bride) and the acceptance of the other party (groom or bride).
2. The determination of ‘mehr’
3. The presence of (at least) two witnesses to the marriage contract.
4. The presence or consent of the ‘wali’ or guardian of the bride (her father, or grand-father, or uncle, or brother, or in their absence, the girl may choose any reliable and righteous member of the believing society to be her ‘wali’.)

If the above listed four absolutely obligatory conditions of ‘nikaah’ are fulfilled, regardless of who or where the marriage is conducted, the marriage will be considered absolutely valid and legal in the Sight of Shariah Law and of Allah Subhanah.

If one chooses to honor and fulfill the above obligatory conditions of ‘nikaah’ in the presence of a Judge or Registrar in a Court of Law, there is absolutely no harm.

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 well wisher in Islam,

Burhan