Halala: Islamic Rulings, Wisdoms, and Removal of Misconceptions
Divorce (Talaq) is a necessary allowance in Islamic Shariah, yet among the permissible acts, it is the most disliked in the sight of Allah. It is narrated from Abdullah ibn Umar (رضي الله عنهما) that the Prophet ﷺ said:
“The most disliked permissible thing to Allah is divorce.”
(Mustadrak al-Hakim, Book of Divorce, Hadith 2794)
When a husband uses his authority and gives three divorces, Islamic law declares permanent separation between the couple. However, there is only one situation in which they may reunite as husband and wife by performing a new nikah (marriage). This single case is known as Halala.
In this article, a detailed discussion is presented on the topic of Halala in the light of the Qur’an, Hadith, juristic rulings, and explanations of scholars. Please read below.
Definition and Linguistic Meaning of Halala
“Halala” is an Arabic word derived from ‘hill’, which means “to make permissible” or “to make lawful.”
Halala is not an official technical term established by Shariah; rather, it is a commonly used word in Islamic culture. Its meaning is:
When a man gives his wife three divorces, she becomes unlawful for him. After finishing her waiting period (iddah), if she marries another man and consummates the marriage, and then later that second marriage ends either through divorce or death, and she completes her iddah again — then she becomes lawful for her first husband.
Evidence of Halala
1. Qur’anic Ruling After the Third Divorce
Allah clearly says in the Qur’an:
“If he divorces her (the third time), she is not lawful for him afterward until she marries another husband.
If the second husband divorces her, then there is no blame if she and her first husband return to one another, provided they think they can maintain the limits of Allah.
These are the limits of Allah, which He explains to a people who know.”
(Surah Al-Baqarah, 2:230)
Explanation of the Verse (2:230)
Ibn Kathir (رحمه الله) writes:
This verse explains that when the husband gives a third divorce, the woman becomes forbidden to him, and this prohibition remains until she marries another man in a real marriage and consummation takes place.
—Ibn Kathir, Tafsir Ibn Kathir
Hadith Ruling After Three Divorces
The Hadith of Rifa’ah al-Qurazi
A woman came to Aisha (رضي الله عنها) saying that her husband Rifa’ah gave her three divorces. She then married Abdur-Rahman ibn Zubair, but he was unable to consummate the marriage. She asked the Prophet ﷺ if she could return to her first husband.
The Prophet ﷺ smiled and said:
“Do you want to return to Rifa’ah?
No, not until he (your new husband) tastes your sweetness and you taste his.”
(Bukhari 5265, Muslim 1433)
Imam Nawawi explains:
This hadith proves that mere nikah is not enough; actual marital relations (consummation) must occur.
Islamic Rulings Regarding Halala
Two Types of Halala
1. Genuine Halala (Permissible)
When a man marries a divorced woman with a normal intention of marriage — not with the intention of Halala — and later the marriage ends naturally through divorce or death, then the woman becomes lawful for her first husband.
This is the only Halala that is allowed in Islam.
2. Planned Halala (Impermissible & Sinful)
When it is pre-planned that:
- the second husband will marry the woman only to make her halal for the first husband,
- and divorce her after consummation,
this type of Halala is haram, makruh-e-tahrimi, and the Prophet ﷺ cursed those who do it.
✅ Nikah itself will be legally valid (according to Hanafi, Shafi‘i, Maliki schools)
❌ But the act is sinful, cursed, and against the spirit of Shariah.
According to the Hanbali school, such a marriage is invalid altogether.
Opinions of the Four Sunni Schools (Madhāhib) on Nikah al-Tahleel
Hanafi, Shafi‘i & Maliki View
Ibn Abidin (Hanafi), Imam Nawawi (Shafi‘i), and Imam Malik (Maliki) state:
- If the second husband marries the woman with a condition that he will divorce her after consummation to make her lawful for her first husband,
→ the marriage is legally valid
→ but it is severely disliked (makruh tahrimi) and sinful.
✅ The first husband may marry her again after her iddah.
❌ But the people involved in “planned Halala” are sinners.
Hanbali View
Imam Ibn Qudamah writes in al-Mughni:
- If the marriage is done with the intention of Halala
OR
- with a condition that divorce will occur after consummation,
→ the nikah is invalid.
According to Imam Ahmad ibn Hanbal, this is not a real marriage at all.
Conditions Required for a Valid Halala
1. The second marriage must be real
A normal, genuine marriage — not a show, not a contract, not a temporary arrangement.
2. Actual consummation must occur
- Real intercourse is required
- Complete sexual satisfaction (orgasm) is not required
- Night alone or seclusion is not enough
3. The second marriage must end naturally
Through:
- Divorce, or
- Death of the second husband
4. Iddah must be completed
The woman must complete her waiting period.
5. No intention of Halala should be present
If the second husband marries with the intention of making her halal for the first husband, the act is sinful and cursed — even if the marriage is legally valid (according to most scholars).
Wisdom and Purpose of Halala (Why Allah Made This Rule)
Many people think Halala is a punishment. In reality, it is a wise protection system created by Allah. Scholars have explained several reasons:
1. To prevent men from taking divorce lightly
Imam Qurtubi writes:
Allah placed this rule to stop husbands from giving triple talaq carelessly.
Ibn Kathir says:
This is Allah’s mercy — a strong barrier to prevent misuse of divorce.
2. To show the seriousness of marriage
Mufti Muhammad Shafi (Ma’ariful Qur’an) explains:
When a man knows that triple talaq will separate him forever, he will not misuse the power of divorce.
3. To ensure family stability
This rule protects families from breaking due to anger or haste.
4. To protect against emotional decisions
A man who speaks three talaqs in anger must face the consequences — this teaches responsibility.
5. To train the husband emotionally and mentally
Ibn al-Qayyim says:
This ruling teaches patience and prevents impulsive decisions.
6. To protect the dignity of the woman
This rule prevents a man from divorcing and taking his wife back repeatedly, treating her like property.
7. To uphold Allah’s limits
Allah teaches that His boundaries cannot be crossed. Whoever violates them harms himself.
Is Halala Oppression to Women?
Many people ask:
“The husband made the mistake — why must the woman remarry?”
Scholars explain:
1. Halala is NOT a punishment — it is a CHOICE
The woman is never forced. She may:
- Choose to remarry her first husband (if Halala happens naturally), or
- Choose not to return
It is entirely her decision.
2. The real punishment is for the husband
He loses his wife permanently because of his own actions.
This is a strong deterrent.
3. The woman has full freedom in the second marriage
She can stay with her second husband if she wants.
4. The second marriage is a REAL marriage
It has full rights and responsibilities.
5. It protects the woman’s dignity
Without this rule, men could divorce and return whenever they liked.
Prohibited (Haram) and Invalid Forms of Halala
❌ 1. Pre-planned Halala
When all parties agree in advance.
❌ 2. Conditional Halala
Nikah with a condition: “I will divorce you after consummation.”
❌ 3. Paid Halala
Taking money to perform Halala.
❌ 4. Halala without consummation
Nikah alone does not make her permissible.
❌ 5. Show marriage
A fake, temporary marriage to bypass Allah’s law.
These are all sinful and cursed.
Correct Method of a Valid Halala (If It Happens Naturally)
If three talaqs occur:
- The couple separates immediately.
- Both repent to Allah.
- The woman is not forced into any marriage.
- If she wishes, she may marry someone who is good for her.
- The second marriage must be real and genuine.
- If it ends naturally (divorce or death), she completes iddah.
- After that, she may choose to marry her first husband again.
Common Questions and Answers About Halalah
1: Can Halalah take place through test-tube baby (IVF)?
No. Because actual physical intercourse (real consummation) is required. The Prophet ﷺ used the expression “tasting the honey” (ذوق العسيلة) which explicitly refers to real sexual intercourse.
2: If the second husband is impotent, will Halalah occur through mere seclusion (being alone) with him without intercourse?
No. In the incident of Rifa‘ah al-Qurazi (RA), the Prophet ﷺ clearly stated that until real intercourse takes place, the woman does not become lawful for the first husband.
However, full intercourse that results in complete pleasure or orgasm for both is not a condition. The “tasting” mentioned in the hadith means that penetration occurs and both experience even minimal sexual pleasure.
But doing this intentionally for Halalah is sinful and a cursed act.
3: After three divorces, is there any way for the couple to reunite without Halalah?
No. Once three divorces occur, the Qur’an clearly states that the woman does not become lawful for her husband again until Halalah occurs, meaning a real second marriage and consummation followed by its natural end.
Do three divorces given in anger take effect?
Yes—as long as the person is conscious and aware of what he is saying, even if overcome by anger and emotion. If he has mental awareness, the divorce is valid.
If three divorces are given at once in a single sitting, do three count?
Yes. Giving three divorces at once is a major sin and an act disliked by the Prophet ﷺ, but if someone still does it, all three divorces take effect, and the woman becomes completely separated from the man with no option of taking her back.
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