“Allah’s curse is on the one who makes a contract or agreement for halala (both the one who carries out halala and the one who it is done for.” (Sunan al Darami / Mishkat al Masabih)
What is 'Halala' Marriage and is it allowed in Islam?
Halala Marriage (which is also known as Tahleel) is when a woman goes and pays for a man to marry her so that then she can go and remarry her previous husband that divorced her three times (irrevocably).
In Islam, halala marriage is forbidden and a practise Muslims should not engage in as the following traditions from the Prophet Muhammad (peace be upon him) illustrate:
It was narrated that ‘Abdullah ibn Mas‘ood said: The Messenger of Allah (pbuh) cursed the muhallil and the muhallal lahu. “
(Narrated and classed as saheeh by at-Tirmidhi (1120); also narrated by an-Nasaa’i (3416).)
Another hadith states:
It was narrated that ‘Uqbah ibn ‘Aamir said: The Messenger of Allah (pbuh) said: “Shall I not tell you of a borrowed billy-goat?” They said, Yes, O Messenger of Allah. He said, “He is al-muhallil. May Allah curse al-muhallil and al-muhallal lahu.”
(Narrated by Ibn Maajah (1936); classed as hasan by al-Albaani in Saheeh Ibn Maajah.”)
Halala Marriage (which is also known as Tahleel) is when a woman goes and pays for a man to marry her so that then she can go and remarry her previous husband that divorced her three times (irrevocably).
In Islam, halala marriage is forbidden and a practise Muslims should not engage in as the following traditions from the Prophet Muhammad (peace be upon him) illustrate:
It was narrated that ‘Abdullah ibn Mas‘ood said: The Messenger of Allah (pbuh) cursed the muhallil and the muhallal lahu. “
(Narrated and classed as saheeh by at-Tirmidhi (1120); also narrated by an-Nasaa’i (3416).)
Another hadith states:
It was narrated that ‘Uqbah ibn ‘Aamir said: The Messenger of Allah (pbuh) said: “Shall I not tell you of a borrowed billy-goat?” They said, Yes, O Messenger of Allah. He said, “He is al-muhallil. May Allah curse al-muhallil and al-muhallal lahu.”
(Narrated by Ibn Maajah (1936); classed as hasan by al-Albaani in Saheeh Ibn Maajah.”)
The women who sleep with a stranger to save their marriage
By Athar Ahmad BBC Asian Network & Victoria Derbyshire programme
A number of online services are charging "divorced" Muslim women thousands of pounds to take part in "halala" Islamic marriages, a BBC investigation has found. Women pay to marry, have sex with and then divorce a stranger, so they can get back with their first husbands.
Farah - not her real name - met her husband after being introduced to him by a family friend when she was in her 20s. They had children together soon afterwards but then, Farah says, the abuse began.
"The first time he was abusive was over money," she tells the BBC's Asian Network and Victoria Derbyshire programme.
"He dragged me by my hair through two rooms and tried to throw me out of the house. There would be times where he would just go crazy."
Despite the abuse, Farah hoped things would change. Her husband's behaviour though became increasingly erratic - leading to him "divorcing" her via text message.
"I was at home with the children and he was at work. During a heated discussion he sent me a text saying, 'talaq, talaq, talaq'."
"Triple talaq" - where a man says "talaq", or divorce, to his wife three times in a row - is a practice which some Muslims believe ends an Islamic marriage instantly.
It is banned in most Muslim countries but still happens, though it is impossible to know exactly how many women are "divorced" like this in the UK.
"I had my phone on me," Farah explains, "and I just passed it over to my dad. He was like, 'Your marriage is over, you can't go back to him.'"
Farah says she was "absolutely distraught", but willing to return to her ex-husband because he was "the love of my life".
She says her ex-husband also regretted divorcing her.
This led Farah to seek the controversial practice known as halala, which is accepted by a small minority of Muslims who subscribe to the concept of a triple talaq.
They believe halala is the only way a couple who have been divorced, and wish to reconcile, can remarry.
Halala involves the woman marrying someone else, consummating the marriage and then getting a divorce - after which she is able to remarry her first husband.
But in some cases, women who seek halala services are at risk of being financially exploited, blackmailed and even sexually abused.
It's a practice the vast majority of Muslims are strongly against and is attributed to individuals misunderstanding the Islamic laws around divorce.
But an investigation by the BBC has found a number of online accounts offering halala services, several of which are charging women thousands of pounds to take part in temporary marriages.
'Desperation'One man, advertising halala services on Facebook, told an undercover BBC reporter posing as a divorced Muslim woman that she would need to pay £2,500 and have sex with him in order for the marriage to be "complete" - at which point he would divorce her.
The man also said he had several other men working with him, one who he claims initially refused to issue a woman a divorce after a halala service was complete.
There is nothing to suggest the man is doing anything illegal. The BBC contacted him after the meeting - he rejects any allegations against him, claiming he has never carried out or been involved in a halala marriage and that the Facebook account he created was for fun, as part of a social experiment.
In her desperation to be reunited with her husband, Farah began trying to find men who were willing to carry out a halala marriage.
"I knew of girls who had gone behind families' backs and had it done and been used for months," she says.
"They went to the mosque, there was apparently a designated room where they did this stuff and the imam or whoever offers these services, slept with her and then allowed other men to sleep with her too."
But the Islamic Sharia Council in East London, which regularly advises women on issues around divorce, strongly condemns halala marriages.
"This is a sham marriage, it is about making money and abusing vulnerable people," says Khola Hasan from the organisation.
"It's haram, it's forbidden. There's no stronger word I can use. There are other options, like getting help or counselling. We would not allow anyone to go through with that. You do not need halala, no matter what," she adds.
Farah ultimately decided against getting back with her husband - and the risks of going through a halala marriage. But she warns there are other women out there, like her, who are desperate for a solution.
"Unless you're in that situation where you're divorced and feeling the pain I felt, no-one's going to understand the desperation some women feel.
"If you ask me now, in a sane state, I would never do it. I'm not going to sleep with someone to get back with a man. But at that precise time I was desperate to get back with my ex-partner at any means or measure."
Source: BBC
By Athar Ahmad BBC Asian Network & Victoria Derbyshire programme
A number of online services are charging "divorced" Muslim women thousands of pounds to take part in "halala" Islamic marriages, a BBC investigation has found. Women pay to marry, have sex with and then divorce a stranger, so they can get back with their first husbands.
Farah - not her real name - met her husband after being introduced to him by a family friend when she was in her 20s. They had children together soon afterwards but then, Farah says, the abuse began.
"The first time he was abusive was over money," she tells the BBC's Asian Network and Victoria Derbyshire programme.
"He dragged me by my hair through two rooms and tried to throw me out of the house. There would be times where he would just go crazy."
Despite the abuse, Farah hoped things would change. Her husband's behaviour though became increasingly erratic - leading to him "divorcing" her via text message.
"I was at home with the children and he was at work. During a heated discussion he sent me a text saying, 'talaq, talaq, talaq'."
"Triple talaq" - where a man says "talaq", or divorce, to his wife three times in a row - is a practice which some Muslims believe ends an Islamic marriage instantly.
It is banned in most Muslim countries but still happens, though it is impossible to know exactly how many women are "divorced" like this in the UK.
"I had my phone on me," Farah explains, "and I just passed it over to my dad. He was like, 'Your marriage is over, you can't go back to him.'"
Farah says she was "absolutely distraught", but willing to return to her ex-husband because he was "the love of my life".
She says her ex-husband also regretted divorcing her.
This led Farah to seek the controversial practice known as halala, which is accepted by a small minority of Muslims who subscribe to the concept of a triple talaq.
They believe halala is the only way a couple who have been divorced, and wish to reconcile, can remarry.
Halala involves the woman marrying someone else, consummating the marriage and then getting a divorce - after which she is able to remarry her first husband.
But in some cases, women who seek halala services are at risk of being financially exploited, blackmailed and even sexually abused.
It's a practice the vast majority of Muslims are strongly against and is attributed to individuals misunderstanding the Islamic laws around divorce.
But an investigation by the BBC has found a number of online accounts offering halala services, several of which are charging women thousands of pounds to take part in temporary marriages.
'Desperation'One man, advertising halala services on Facebook, told an undercover BBC reporter posing as a divorced Muslim woman that she would need to pay £2,500 and have sex with him in order for the marriage to be "complete" - at which point he would divorce her.
The man also said he had several other men working with him, one who he claims initially refused to issue a woman a divorce after a halala service was complete.
There is nothing to suggest the man is doing anything illegal. The BBC contacted him after the meeting - he rejects any allegations against him, claiming he has never carried out or been involved in a halala marriage and that the Facebook account he created was for fun, as part of a social experiment.
In her desperation to be reunited with her husband, Farah began trying to find men who were willing to carry out a halala marriage.
"I knew of girls who had gone behind families' backs and had it done and been used for months," she says.
"They went to the mosque, there was apparently a designated room where they did this stuff and the imam or whoever offers these services, slept with her and then allowed other men to sleep with her too."
But the Islamic Sharia Council in East London, which regularly advises women on issues around divorce, strongly condemns halala marriages.
"This is a sham marriage, it is about making money and abusing vulnerable people," says Khola Hasan from the organisation.
"It's haram, it's forbidden. There's no stronger word I can use. There are other options, like getting help or counselling. We would not allow anyone to go through with that. You do not need halala, no matter what," she adds.
Farah ultimately decided against getting back with her husband - and the risks of going through a halala marriage. But she warns there are other women out there, like her, who are desperate for a solution.
"Unless you're in that situation where you're divorced and feeling the pain I felt, no-one's going to understand the desperation some women feel.
"If you ask me now, in a sane state, I would never do it. I'm not going to sleep with someone to get back with a man. But at that precise time I was desperate to get back with my ex-partner at any means or measure."
Source: BBC
Divorce, Waiting Period (idda) & Marrying another Man (halala)
My husband gave me three divorces. He himself did not know so well that saying ‘divorce’ (verbally) takes such serious effect. He thought of it as a way to put pressure on me. He said it thrice as is seen in movie. Is this enough to decide about our marital status?I told him about possible nullification of our marriage. At this point, I reiterated that I cannot live with him as Haram woman. He had the impression that i am still his wife.
Then again I told him that we have to redo the process if I know that we have to. He was taken aback and was speechless. We are sleeping apart.
Can you please also tell me about Iddah. I am not pregnant. Do I still have to observe it, and also do I have to get married to another man?
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
Your question will be answered in three parts. The first deals with divorce, the second with the waiting period (Iddah) and the third looks at the issue of marrying another man (Halala).
1) As far as the divorce is concerned, you mention that your husband pronounced the word “divorce” three times and therefore three divorces have come into effect. Whether your husband had the intention of divorcing you or otherwise and whether he took it seriously or otherwise and whether he said it to only put pressure on you, three divorces have been affected.
When three divorces are given then, this is known as an irrevocable divorce (Talaq al-Mugallazah) and you can not return to him unless after marrying another man (as it will be mentioned in detail in the third part).
Allah Most High says:
“Divorce is twice, thereafter either retaining her honourably or releasing her kindly……. If he divorces her third time, she is unlawful for him unless she marries another husband (and he also divorces her).” (Surah al-Baqarah, V: 229/230)
Therefore, in your case, three divorces have come into effect and you can not live as husband and wife.
2) As far as the waiting period (Iddah) is concerned, it is obligatory upon the woman to fully observe it. The time limit for this period differs from one woman to another. If the woman is pregnant then, she will have to wait until she gives birth. If she is not pregnant, then the period for a woman whose husband passes away is, four months ten days and for a divorcee, the period is three complete menstrual cycles.
There are many wisdoms and reasons for the Iddah being obligatory. For instance, to ensure that the sperm of two men do not gather and get mixed up in the womb of one woman. Also, another reason is to express grief over a sad incident, etc.
Therefore, in your case, you must observe the waiting period, which is three complete menstrual cycles, even if you are not pregnant. If the divorce was given whilst you were in your menstruation, then this period of menstruation will not be counted. Your calculation will commence from the next menstrual period.
The waiting period should be observed in the house you were living in at the time of divorce. Therefore, you may observe the Iddah in your former husband’s house. However, you must ensure that you observe Hijab from him.
3) When a woman is divorced three times, this divorce is non-revocable, which means that the husband can not take her back unless after she marries another man.
Many people with regards to this are mistaken. The general misconception is that marrying another man (Halala) is a solution provided by Shariah in order for the husband and wife to get back together.
This is, however, not the case. The meaning of Halala is that, if the woman after being divorced and after observing her waiting period wished to marry another man, she can do so. This second husband by total coincidence and on his own accord also divorced her after having sexual intercourse with her, then after observing the full waiting period, she can remarry her first husband.
It should be remembered that, this is not a solution provided by Shariah. Once three divorces are pronounced, the marriage is over and there is no getting together again. But if by coincidence, she married another man and he to by coincidence (after having sexual intercourse with her) divorced her, then she, after the Iddah is over, can remarry her first husband.
If Nikah was performed on the condition of Halala or by fixing a fee to be paid to the second man, then this is a grave sin and unlawful. The Prophet (Allah bless him and give him peace) said:
“Allah’s curse is on the one who makes a contract or agreement for Halala (Both the one who carries out Halala and the one who it is done for.” (Sunan al Darami / Mishkat al Masabih)
However, if there is only an intention of Halala in the heart and no verbal agreement was made, then according to the majority of Fuqaha, this is permissible and valid (Radd al-Muhtar)
I hope I have been able to answer all your queries.
And Allah Knows Best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK
My husband gave me three divorces. He himself did not know so well that saying ‘divorce’ (verbally) takes such serious effect. He thought of it as a way to put pressure on me. He said it thrice as is seen in movie. Is this enough to decide about our marital status?I told him about possible nullification of our marriage. At this point, I reiterated that I cannot live with him as Haram woman. He had the impression that i am still his wife.
Then again I told him that we have to redo the process if I know that we have to. He was taken aback and was speechless. We are sleeping apart.
Can you please also tell me about Iddah. I am not pregnant. Do I still have to observe it, and also do I have to get married to another man?
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
Your question will be answered in three parts. The first deals with divorce, the second with the waiting period (Iddah) and the third looks at the issue of marrying another man (Halala).
1) As far as the divorce is concerned, you mention that your husband pronounced the word “divorce” three times and therefore three divorces have come into effect. Whether your husband had the intention of divorcing you or otherwise and whether he took it seriously or otherwise and whether he said it to only put pressure on you, three divorces have been affected.
When three divorces are given then, this is known as an irrevocable divorce (Talaq al-Mugallazah) and you can not return to him unless after marrying another man (as it will be mentioned in detail in the third part).
Allah Most High says:
“Divorce is twice, thereafter either retaining her honourably or releasing her kindly……. If he divorces her third time, she is unlawful for him unless she marries another husband (and he also divorces her).” (Surah al-Baqarah, V: 229/230)
Therefore, in your case, three divorces have come into effect and you can not live as husband and wife.
2) As far as the waiting period (Iddah) is concerned, it is obligatory upon the woman to fully observe it. The time limit for this period differs from one woman to another. If the woman is pregnant then, she will have to wait until she gives birth. If she is not pregnant, then the period for a woman whose husband passes away is, four months ten days and for a divorcee, the period is three complete menstrual cycles.
There are many wisdoms and reasons for the Iddah being obligatory. For instance, to ensure that the sperm of two men do not gather and get mixed up in the womb of one woman. Also, another reason is to express grief over a sad incident, etc.
Therefore, in your case, you must observe the waiting period, which is three complete menstrual cycles, even if you are not pregnant. If the divorce was given whilst you were in your menstruation, then this period of menstruation will not be counted. Your calculation will commence from the next menstrual period.
The waiting period should be observed in the house you were living in at the time of divorce. Therefore, you may observe the Iddah in your former husband’s house. However, you must ensure that you observe Hijab from him.
3) When a woman is divorced three times, this divorce is non-revocable, which means that the husband can not take her back unless after she marries another man.
Many people with regards to this are mistaken. The general misconception is that marrying another man (Halala) is a solution provided by Shariah in order for the husband and wife to get back together.
This is, however, not the case. The meaning of Halala is that, if the woman after being divorced and after observing her waiting period wished to marry another man, she can do so. This second husband by total coincidence and on his own accord also divorced her after having sexual intercourse with her, then after observing the full waiting period, she can remarry her first husband.
It should be remembered that, this is not a solution provided by Shariah. Once three divorces are pronounced, the marriage is over and there is no getting together again. But if by coincidence, she married another man and he to by coincidence (after having sexual intercourse with her) divorced her, then she, after the Iddah is over, can remarry her first husband.
If Nikah was performed on the condition of Halala or by fixing a fee to be paid to the second man, then this is a grave sin and unlawful. The Prophet (Allah bless him and give him peace) said:
“Allah’s curse is on the one who makes a contract or agreement for Halala (Both the one who carries out Halala and the one who it is done for.” (Sunan al Darami / Mishkat al Masabih)
However, if there is only an intention of Halala in the heart and no verbal agreement was made, then according to the majority of Fuqaha, this is permissible and valid (Radd al-Muhtar)
I hope I have been able to answer all your queries.
And Allah Knows Best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK