Is Halala/Tahleel marriage permitted in Islam?


This article has excerpts of the answer written by brother Burhan and also three Fatwas by Salafi scholars and explanation in Urdu by a Hanafi scholar.

Halala mockery of marriage divorce

What is Tahleel Marriage?

Tahleel marriage is haraam and invalid

Temporary marriage in order to remarry her ex-husband

Mashrut Nikah (Urdu)

Halala mockery of marriage divorce

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: ….can i apply divorce n khula on behalf of that nikah n english marrige certificate?

Sister, the truth is that in the case related by you, a complete mockery has been made, time and time again, not only of the sacred institution of marriage….but also of the Laws of the Lord Most Majestic!  If you, your husband, your father-in-law and your ‘new and temporary’ husband who facilitated the evil of ‘halala’…..if all of you do not turn unto your Lord in ‘taubah’ and seek sincere forgiveness for your manifest transgressions, an extremely severe accounting would await you in the Presence of your Lord Most Majestic Most Supreme on that Inevitable and Tumultuous Day of Judgment!

Respected Sister, at the third pronouncement of divorce form your husband, an absolutely irrevocable divorce was established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah…..thus your subsequent transgression of ‘halala’ and your remarriage to your former husband after the ‘halala’ were nothing but manifest transgressions and a continuation of the mockery committed of the Laws of the Lord Most High, Most Supreme!

As the matter stands, you and your husband are irrevocably divorced in the Sight of Allah Subhanah and you can never never ever remarry your former husband, unless and until you perchance happen to marry someone else, and that new husband of yours, of his own free will, chooses to divorce you or dies.

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

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What is Tahleel Marriage?

General Supervisor: Shaykh Muhammad Saalih al-Munajjid

Praise be to Allah

Firstly:

The husband is given the option of taking back his wife if he has divorced her (by talaaq) twice, and this is called revocable divorce. Allah, may He be exalted, says (interpretation of the meaning):

“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness”

[al-Baqarah 2:229].

If he divorces her a third time, then she becomes haraam for him and it is not permissible for him to marry her with a new marriage contract and mahr unless she marries someone other than him, in a valid and genuine marriage, then he (second husband) consummates the marriage with her, then divorces her or dies and leaves her a widow. Allah, may He be exalted, says (interpretation of the meaning):

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge”

[al-Baqarah 2:230].

It was narrated from ‘Aa’ishah (may Allah be pleased with her) that Rifaa‘ah al-Qurazi married a woman then he divorced her, issuing a third divorce. Then she married another man, then she came to the Prophet (blessings and peace of Allah be upon him) and told him that he did not have intercourse with her, and the Messenger (blessings and peace of Allah be upon him) understood that she wanted to go back to Rifaa‘ah, so he (blessings and peace of Allah be upon him) said: “No, not until he (the second husband) tastes your sweetness and you taste his sweetness [a metaphor for consummation of the marriage].”

Narrated by al-Bukhaari (5011) and Muslim (1433).

Secondly:

It is not permissible for the man who issued the divorce, or for the woman, to use tricks to get around the laws of Allah and get back together by means of what is called a tahleel marriage. This kind of marriage takes several forms, including the following:

1.     where the husband who had issued the divorce, or the woman, or her guardian, hire a human “billy-goat”, and stipulate that he must marry the divorced woman, consummate the marriage with her, then divorce her, and they give him a sum of money in return for that!

2.     Where a man marries that divorced woman without making any agreement with anybody, but his aim is to make her permissible for the first husband, then he divorces her.

Tahleel marriages are haraam and invalid, and those who do that deserve to be cursed.

It was narrated that ‘Abdullah ibn Mas‘ood said: The Messenger of Allah (blessings and peace of Allah be upon him) cursed the muhallil and the muhallal lahu. [The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband] Narrated and classed as saheeh by at-Tirmidhi (1120); also narrated by an-Nasaa’i (3416).

Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:

It was classed as saheeh by Ibn Qattaan and Ibn Daqeeq al-‘Eid according to the conditions of al-Bukhaari.

End quote from at-Talkhees al-Habeer (3/72)

Ibn al-Qayyim (may Allah have mercy on him) said:

With regard to the Prophet (blessings and peace of Allah be upon him) cursing them [the muhallil and the muhallal lahu], this is either telling that Allah, may He be exalted, has cursed them, or it is a supplication for them to be cursed. This indicates that it is haraam and is a major sin. End quote from Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad (5/672)

It was narrated that ‘Uqbah ibn ‘Aamir said: The Messenger of Allah (blessings and peace of Allah be upon him) 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.

These hadiths indicate that tahleel marriage is haraam, and that it is a major sin; they also indicate that it is not valid.

It says in al-Mawsoo‘ah al-Fiqhiyyah (10/256, 257):

The majority of scholars – the Maalikis, Shaafa‘is, Hanbalis and Abu Yoosuf among the Hanafis – are of the view that this kind of marriage is invalid, because of the two hadiths quoted above, and because marriage for the purpose of tahleel comes under the same heading as temporary marriage, and stipulating that a marriage is to be temporary renders it invalid. So long as the marriage is invalid, no tahleel occurs thereby [i.e., it does not make it permissible for the woman to go back to her first husband after the second marriage ends]. This is supported by the view of ‘Umar (may Allah be pleased with him) who said: “By Allah, no muhallil or muhallal lahu will be brought to me but I will stone them.” End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said:

This is one of the most abhorrent kinds of falsehood, and one of the gravest kinds of corruption. He is in effect a zaani (fornicator or adulterer), because he did not marry her so that she could be a wife to him, and keep him chaste and stay with him, and so that he might hope to have children from her. No, rather he came as a borrowed billy-goat, to make her permissible for the one who came before him, by having intercourse with her once, then leaving her and finishing with her. This is the muhallil; his marriage is invalid and is not legitimate, and she does not become permissible for the first husband so long as (the second husband) married her with this intention and for this purpose. It is an invalid marriage and she is not permissible for him or for the first husband, because this is not a marriage, and Allah says (interpretation of the meaning): “until she has married another husband” [al-Baqarah 2:230]. This is a borrowed billy-goat, not a legitimate husband, and he does not make her permissible for the first husband .

End quote from Fataawa ash-Shaykh Ibn Baaz (20/277, 278)

With regard to the prohibition on tahleel marriage and its invalidity, it makes no difference whether the condition of tahleel is specifically mentioned in the marriage contract or if the agreement is made beforehand and not mentioned at the time of the marriage contract, or the second husband had that intention without anybody stipulating it or coming to some agreement to that effect with him. In all these cases it is a tahleel marriage and is haraam.

Ibn al-Qayyim (may Allah have mercy on him) said:

There is no difference of opinion, according to the people of Madinah, the scholars of hadith and the fuqaha’, whether that is stipulated verbally or by implicit agreement and intention, because in their view the intention behind contracts carries weight, and actions are judged by intentions, and in their view a condition was agreed implicitly is like one that was spoken aloud, because words are not sought in and of themselves, but because of the meaning to which they point. So once the meaning and intention become clear, the actual words do not matter, because they are just the means (of expressing what is in the heart) and in this case that aim has been achieved, therefore the rulings are to be based on the aims.

End quote from Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad (5/110)

The scholars of the Standing Committee for Issuing Fatwas said:

If a man marries a woman on condition that it be for the purpose of tahleel, or he intends that, or they both agree to that, then the marriage contract is invalid and the marriage is not legitimate.

End quote from Fataawa al-Lajnah ad-Daa’imah (18/439)

Al-Bayhaqi narrated in as-Sunan al-Kubra (7/208) from Naafi‘ that he said: A man came to ‘Umar (may Allah be pleased with him) and asked him about a man who divorced his wife three times, then a brother of his married her without any prior agreement with him, so as to make her permissible for his brother – does she become permissible for the first husband? He said: No, unless it is a genuine marriage. We used to regard this as fornication at the time of the Messenger of Allah (blessings and peace of Allah be upon him).

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said:

If the second husband has the intention that when he has made her permissible for the first husband he will divorce her, then she does not become permissible for the first husband, and the marriage is invalid. The evidence for that is that this is the intention of tahleel, so it is included in the curse. The Prophet (blessings and peace of Allah be upon him) said: “Actions are but by intentions, and each person will have but that which he intended.”

End quote from ash-Sharh al-Mumti‘ ‘ala Zaad al-Mustaqni‘ (12/176, 177).

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) listed all the forms in one place, and regarded them all as forms of tahleel marriage which is prohibited and invalid.

He (may Allah have mercy on him) said:

Tahleel marriage is haraam and invalid, and it does not make it permissible (for the woman to go back to her first husband). What it means is that if a man divorces his wife three times, then she becomes haraam for him until she has married another husband, as Allah, may He be exalted, states in His Book, and as is stated in the Sunnah of His Prophet (blessings and peace of Allah be upon him), and the ummah is unanimously agreed on that. If another man marries her with the intention of divorcing her so that she will become permissible for her first husband, this marriage is haraam and invalid, whether he decides after that to keep her or to leave her, and whether that is stipulated in the marriage contract, or was stipulated before the marriage contract, or was not stipulated verbally… Or none of that happened; rather the man decided to marry her, then divorce her so that she would become permissible for the one who had divorced her three times, without the woman or her guardian being aware of any of that, whether the husband who had divorced her three times was aware of it or not, such as if the muhallil thought that this was a good deed and a favour to the man who had divorced her and his wife, by helping her to go back to him because he thought that the divorce had caused harm to them and their children and their families, and so on.

In fact it is not permissible for the one who divorced his wife three times to marry her again until she has been married by a man who wanted a genuine marriage, not a sham marriage, and he consummated the marriage with her in the sense that she tasted his sweetness and he tasted her sweetness, then after that if they happened to be separated by death or divorce or annulment of the marriage, then it is permissible for the first one to marry her.… This is what is indicated by the Qur’an and Sunnah, and it is what was narrated from the companions of the Messenger of Allah (blessings and peace of Allah be upon him) and from all of those who followed them in truth, and the majority of the Muslim fuqaha’. … This is the view of Maalik ibn Anas and all his companions, and of al-Awzaa‘i, al-Layth ibn Sa‘d, and Sufyaan ath-Thawri; it is also the view of Imam Ahmad ibn Hanbal among the scholars of hadith, including Ishaaq ibn Raahawayh, Abu ‘Ubayd al-Qaasim ibn Salaam, Sulaymaan ibn Dawood al-Haashimi, Abu Khaythamah Zuhayr ibn Harb, Abu Bakr ibn Abi Shaybah, Abu Ishaaq al-Jawzajaani and others. It is also the view of ash-Shaafa‘i.

End quote from Iqaamat ad-Daleel ‘ala Ibtaal at-Tahleel (p. 6-8). The author quoted many views from leading religious scholars stating that it is haraam.

And Allah knows best.

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Tahleel marriage is haraam and invalid

General Supervisor: Shaykh Muhammad Saalih al-Munajjid

Praise be to Allaah.If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because Allaah says (interpretation of the meaning): “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband” [al-Baqarah 2:230].

It is stipulated that this marriage which will make her permissible for her first husband should be a valid marriage. Temporary marriage (mut’ah marriage) or marriage for the purpose of making her permissible for her  first husband then divorcing her (tahleel marriage) are both haraam and invalid according to the vast majority of scholars, and it does not make the woman permissible for her first husband.

See: al-Mughni (10/49-55).

There are saheeh ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) which show that tahleel marriage is haraam.

Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani in Sunan Abi Dawood.

The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.

Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah.

‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”

This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.

Al-Haakim narrated from Naafi’ that a man said to Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina. And he said: They will still be adulterers, even if they remain for twenty years.

Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed.

Based on that, it is not permissible for you to marry this woman if you intend thereby to make her permissible for her first husband. Doing that is a major sin, and the marriage will not be valid, rather it is zina – Allaah forbid.

 

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Temporary marriage in order to remarry her ex-husband

Fatwa Date: Rajab 13, 1425/28-8-2004

Question

I am writing to know if in Islam temporary marriage allowed? I mean temporary marriage a real marriage in front of witness, but it should be temporary in order to marry the ex husband again. I know after third divorce a woman should wait for to finish her Iddah and then she should marry someone else when he divorces her then she can marry her ex-husband. But is temporary marriage allowed in front of witness yes or no? Please do reply me as soon as possible.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.

Whenever a man divorces his wife thrice she completely separates from him and he cannot take her back unless she marries another man.  Allaah Says (what means): {And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah….}[Quran 2:230]

Ibn Abbas   may Allaah be pleased with him said: “A husband was more entitled to take his wife back even if he had divorced her thrice but this ruling was abrogated by this verse:  {And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah.}.”

The second marriage should be established with true intention of getting married and not just in order to make the wife [the woman] Halaal (lawful) for her first husband.  Marrying only to make the wife halal for her husband is a major sin.  This is what the Muhallil (the man who marries a woman just in order to make her lawful to her first husband) does. Nikah with such an intention is not valid according to the most correct opinion.

Ibn Maajah reported from Uqbah Ibn Aamir that the Prophet  sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: “Shall I tell you who is the borrowed breading bull (Muhallil)? They said: ‘Please do, Messenger of Allaah. He said: “That is the Muhallil. May Allaah curse the Muhallil and the one who seeks his services.

Thus, marriage with this intention is not permitted even if it is performed in presence of the guardian and 2 witnesses and the woman does not become Halal for her previous husband; rather, it is considered Zina as reported from Umar , may Allaah be pleased  with him.  Imam al-Hakim narrated from Umar   may Allaah be pleased with him that he said, “We used to consider it (Nikah of Muhallil) Zina in the period of the Prophet  sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ). ”

Ibn Abi Shaibah  reported from Umar  that he said, ‘If a Muhallil and the one for whom Halalah is done were brought to me I would stone them both until death’.

Allaah knows best.

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Mashrut Nikah (Urdu) by Hanafi scholar

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