Halalah

Question

I wanted to learn the status of halalah in Islam. Is it allowable?


Answer

The concept of Halalah is one of the ugliest and shameful of issues of Islamic jurisprudence. According to the Shari'ah, if a man divorces his wife for a third time in his life, the two cannot re-marry unless the wife marries a second person and then that person due to some reason divorces her. In order to fulfill this legal requirement, subterfuges have been devised and marriages are planned with the understanding that a person will divorce the wife in order to make her legal to marry the first husband. In this regard, the jurists also impose the condition that before he divorces his wife he must have sexual intercourse with her. In religious parlance, this subterfuge in which a lady is made legally allowed for her first husband by marrying another person and then being divorced from her after having sexual intercourse with him is called Halalah.

Needless to say, that all subterfuges amount to playing with the Islamic law and its spirit. Moreover, the condition of sexual intercourse imposed has arisen because of not understanding a very subtle comment of the Prophet (sws) in a Hadith. If its text reported by Bukhari is analyzed it is evident that a certain lady had married a person only to become legally permissible to marry her first husband. She demanded divorce from her second husband on the false grounds that her husband was sexually impotent. When the Prophet (sws) became certain of her scheme, he reprimanded her in very subtle words. He told her that she could only become permissible for the first husband after 'tasting' her second husband. This of course was not a condition as has been generally construed: the implied meaning being that if according to her, her second husband does not have the ability to copulate with her then she can only be divorced from him after he copulates with her – which of course he will never since, according to her, he is not capable of it. Thus if anything can be deduced from this Hadith, it is prohibition of Halalah and not vice versa. Hence it is absolutely prohibited and is tantamount to making fun of the law.

The text of the Hadith is as follows:

عَنْ عِكْرِمَةَ أَنَّ رِفَاعَةَ طَلَّقَ امْرَأَتَهُ فَتَزَوَّجَهَا عَبْدُ الرَّحْمَنِ بْنُ الزَّبِيرِ الْقُرَظِيُّ قَالَتْ عَائِشَةُ وَعَلَيْهَا خِمَارٌ أَخْضَرُ فَشَكَتْ إِلَيْهَا وَأَرَتْهَا خُضْرَةً بِجِلْدِهَا فَلَمَّا جَاءَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَالنِّسَاءُ يَنْصُرُ بَعْضُهُنَّ بَعْضًا قَالَتْ عَائِشَةُ مَا رَأَيْتُ مِثْلَ مَا يَلْقَى الْمُؤْمِنَاتُ لَجِلْدُهَا أَشَدُّ خُضْرَةً مِنْ ثَوْبِهَا قَالَ وَسَمِعَ أَنَّهَا قَدْ أَتَتْ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَجَاءَ وَمَعَهُ ابْنَانِ لَهُ مِنْ غَيْرِهَا قَالَتْ وَاللَّهِ مَا لِي إِلَيْهِ مِنْ ذَنْبٍ إِلَّا أَنَّ مَا مَعَهُ لَيْسَ بِأَغْنَى عَنِّي مِنْ هَذِهِ وَأَخَذَتْ هُدْبَةً مِنْ ثَوْبِهَا فَقَالَ كَذَبَتْ وَاللَّهِ يَا رَسُولَ اللَّهِ إِنِّي لَأَنْفُضُهَا نَفْضَ الْأَدِيمِ وَلَكِنَّهَا نَاشِزٌ تُرِيدُ رِفَاعَةَ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَإِنْ كَانَ ذَلِكِ لَمْ تَحِلِّي لَهُ أَوْ لَمْ تَصْلُحِي لَهُ حَتَّى يَذُوقَ مِنْ عُسَيْلَتِكِ قَالَ وَأَبْصَرَ مَعَهُ ابْنَيْنِ لَهُ فَقَالَ بَنُوكَ هَؤُلَاءِ قَالَ نَعَمْ قَالَ هَذَا الَّذِي تَزْعُمِينَ مَا تَزْعُمِينَ فَوَاللَّهِ لَهُمْ أَشْبَهُ بِهِ مِنْ الْغُرَابِ بِالْغُرَابِ

'Ikramah narrates that Rafa'ah divorced his wife. Thereafter she married 'Abdu'l-Rahman Ibn Zubayr Qurzi. 'A'ishah says that she came to her wearing a green cloak and complained of her husband and showed 'A'ishah her bruises – women do help one another – so when the Prophet (sws) came by, 'A'ishah said: 'I have only seen Muslim women being treated in such a way. Her skin is greener than her cloak'. 'Ikramah says that when her husband came to know that she had complained to the Prophet (sws), he also came over to the Prophet (sws) along with his two sons from his other wife. Upon seeing her husband, she got hold of the end of her cloak letting it hang from her hand and remarked: My only complaint is that whatever he has is no more than this [soft cloth]. At this, 'Abdu'l-Rahman said: 'O Prophet (sws) of Allah she has told a lie! I am very strong and can satisfy her; the truth of the matter is that she is disobedient and wants to go back to Rafa'ah'. When the Prophet (sws) heard this, he said: 'If this is the case then you shall not be permissible for Rafa'ah unless 'Abdu'l-Rahman tastes you'. Then, upon seeing the sons of 'Abdu'l-Rahman, the Prophet (sws) remarked: 'Are these your sons?' When he replied in the affirmative, the Prophet said: 'Do you tell such lies [O 'Abdu'l-Rahman's wife]. By God, these [young boys] resemble 'Abdu'l-Rahman more than a crow resembles another crow. (Bukhari, No: 5377)

About the Author

Dr. Shehzad Saleem


 

 

EDUCATION

University of Wales, Lampeter, United Kingdom
  Ph.D. Title of dissertation: Collection of the Qur’ān: A Critical and Historical Study of al-Farāhī’s View (2010)
  Under the tutelage of Javed Ahmad Ghamidi for religious studies (1988-)

University of Engineering and Technology,  Lahore, Pakistan
  B.Sc Electrical Engineering (1990)

The Government College, Lahore, Pakistan
  Intermediate, Pre-Engineering (1983)

 

RESEARCH WORK

Special Area of Interest
  History of the Qur’ān and the Previous Scriptures

Projects
  Associate Fellow (1992-2008) / Fellow (2008 to present) at Al-Mawrid, A Foundation for Islamic Research and Education, Lahore,  Pakistan (www.al-mawrid.org)

•      Recently completed (2018) an eighteen year research project on the history of the Qur’ān that attempts to address the issue of multiple versions of the Qur’ān and some nagging questions regarding its collection.

•      Completed translation of a five volume Qur’ān commentary (Urdu to Eng) of Jāved Aḥmad Ghāmidī  titled Al-Bayān. (1998-2018).

•      Currently working on translating a nine volume Qur’ān commentary (Urdu to Eng) of Amīn Aḥsan Iṣlāḥī titled Tadabbur-i Qur’ān (2008 to present).

•      Currently working on a critical study of the corpus of Ḥadīth literature, including the “Hagar-Zamzam” narratives, “First Revelation”  narratives and “Return of Jesus” narratives.

 

EXPERIENCE

On Campus Work for Al-Mawrid
  •      Vice President (1995-1996/2013-2019). I assisted the president in organizing academic research work on Islam, its subsequent publication and various educational activities. Also oversaw administrative and financial spheres of the foundation.
  •      Secretary General (CEO)  (2012-2016). As a representative of the Board of Governors of Al-Mawrid,  was required to run the foundation comprising more than thirty staff members.
  •      Headed a graduate program of Islamic Studies (1999-2001) offered in affiliation with a private university (MA Jinnah University, Karachi). Work included organizing staff affairs and also supervising the syllabus and its effective instruction.
•      Instructor for Qur’ānic studies (1999-2001). Besides teaching,  responsibility involved developing the pedagogy and curriculum for teaching the Qur’ān to graduate students of the foundation.
•      President, Centre for Islamic Communications (1997). The objective of this centre was organization and marketing of various media of Al-Mawrid as journals, audio-video cassettes, lectures and seminars.
  •      Director General (1993-1995 / 1998-2003). Job responsibility as Director involved development of the institute and management of all its affairs.
  •      Director Admin (1992-1993). Job responsibility involved assisting the President in the administration of the institute.
  •      Editor of Renaissance Journal (1991-1995/ 1998 to present)
Oversaw the management of a monthly Islamic journal and all aspects of its publication.  Over the course of almost three decades, the journal has published several hundred articles on various aspects of Islam.

Online Work for Al-Mawrid
  •        Launched in 2014 http://www.abdus-sattar-ghauri.org, a website on the Biblical scholar Abdus Sattar Ghauri (1935-2014).
  •        Launched in 2012 http://www.tadabbur-i-quran.org, a website on the exegesis of Amīn Aḥsan Iṣlāḥī (1904-1997), a Qur’ānic scholar of the sub-continent.
  •        Launched in 2010 http://www.hamid-uddin-farahi.org, a website on life and works of the Qur’ānic scholar Ḥamīd al-Dīn Farāhī (1863-1930)
  •        Launched in 2004 http://www.amin-ahsan-islahi.org, a website on life and works of the Qur’ānic scholar Amīn Aḥsan Iṣlāḥī
  •        Launched in 2003 http://www.studying-islam.org, a website that offers online courses on Islam in English and in Urdu. Currently, there are over fifteen thousand registered students from around the globe and about 50 courses on Islam in English and Urdu.
  •        Launched in 1999 http://www.monthly-renaissance.com, the website of the monthly Islamic Journal Renaissance. Besides regular issues, special issues on Islam and Non-Muslims: A New Perspective, Islam and Women, Political Directives of Islam, Economic Directives of Islam, Understanding Islamic Punishments and Collection of the Qur’ān have been published.
  •        Launched in 1998 a comprehensive distance learning program for Al-Mawrid. It was well received in an era where online religious education was not that common.
•        Founded an Islamic Query Service (IQS) in 1997-2003), an email based service meant to answer questions on or about Islam. By 2003, more than 3000 questions had been answered by this service.

 

PUBLICATIONS

1. A New Economic Framework, 1st ed., Lahore: Al-Mawrid, 1995.
  2. Common Misconceptions about Islam, 1st ed., Lahore: Al-Mawrid, 2008.
  3. Playing God: Misreading a Divine Practice, 1st ed., Lahore: Al-Mawrid, 2010.
  4. Islam and Women:  Misconceptions and Misperceptions, 1st ed., Lahore: Al-Mawrid, 2010.
  5. Essays on Character Building, 1st ed., Lahore: Al-Mawrid, 2015.
  6. Qur’ān Workshops on Character Building,  1st ed., Lahore: Al-Mawrid, 2016.
  7. Lessons on Character Building, 1st ed., Lahore: Al-Mawrid, 2016.
  8. Selections from the Qur’ān, 1st ed., Lahore: Al-Mawrid, 2015.
  9. Selections from the Bible, 1st ed., Lahore: Al-Mawrid, 2015.
  10. Selections from the Ḥadīth, 1st ed., Lahore: Al-Mawrid, 2014.
  11. Introduction to the Qur’ān: Insights from Jāved Aḥmad Ghāmidī, 1st ed., Lahore:
  Al-Mawrid, 2019
.
  12. A Treasury of Prayers from Qur’ān and Ḥadīth,  1st ed., Lahore: Al-Mawrid, 2017.
  13. The Good Human, 1st ed.,  US: Amazon, 2019.
  14. Modern Challenges to Parenting, 1st ed., US: Amazon, 2019.
  15. History of the Qur’ān: A Concise Study,  1st ed., Lahore: Al-Mawrid, 2018.
  16. History of the Qur’ān: A Critical Study, 1st ed., Lahore: Al-Mawrid, 2019.
  17. From the Core of my Heart (poems), 1st ed., US: Amazon, 2019.

Translations (Urdu to Eng) (Published)
  1. Selections from the Tadabbur-i Qur’ān,  Amīn Aḥsan Iṣlāḥī, 1st ed., Lahore: Al-Mawrid, 2004.
  2. Jāved Aḥmad Ghāmidī, Mīzān (Islam: A Comprehensive Introduction), 1st ed., Lahore: Al-Mawrid, 2010.
  3. Jāved Aḥmad Ghāmidī, Al-Islam (Islam: A Concise Introduction), 1st ed., Lahore: Al-Mawrid, 2009.
  4. Selected Essays of Jāved Aḥmad Ghāmidī,  1st ed., Lahore: Al-Mawrid, 2015. (co-translator)
  5. Jāved Aḥmad Ghāmidī, Al-Bayān, 1st ed., vol. 1, Lahore: Al-Mawrid, 2015.
6. Jāved Aḥmad Ghāmidī, Al-Bayān, 1st ed., vol. 5, Lahore: Al-Mawrid, 2015.

Translations (Urdu to Eng) (Unpublished)
  1. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 6, (Al-Mawrid, 2016)
  2. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 7, (Al-Mawrid, 2015) 
  3. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 8, (Al-Mawrid, 2015)
  4. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 9, (Al-Mawrid, 2014)

Works in Print
  1. History of the Qur’ān: A Critical Study
  2. From the Core of my Heart (poems)

PRESENTATIONS

I have lectured in the US, UK, Canada, Australia, Singapore and Pakistan. Some important topics include:
  1. Critical History of the Qur’ān
  2. Misconceptions about Women in Islam 
  3. Interfaith dialogue
  4. Selected Biblical Verses
  5.  Question on the Qur’ān by Serious Students 
  6.  Misconceptions about Islam 
  7.  Muhammad (sws): The Misunderstood Prophet of Islam
  8.  Marriage and Married Life
  9.  Basic Morality
  10.  Islam and Islamic Welfare State 
  11.  Misconceptions about Divorce in Islam 
  12.  Misconceptions regarding Jihad of the Companions of the Prophet (sws) 
  13 Imbalanced Religious Attitudes
  14.  Intellectual Freedom and Critical Thinking
  15.  Parenting
  16.  Challenges faced by the Youth of Today
  17.  The Mind of a Muslim Militant

I have also conducted several activity-based workshops for adults and sessions on Character Building and Personality Development for teenagers. Topics include:
  1. Charity 
  2. Pride and Arrogance
  3. Remembering God   
  4. Civic Sense 
  5. Kindness to Parents
  6. Gratitude
  7. Forgiveness 
  8. Moral Courage 
  9.  Truthfulness  
  10. Showing Off 
  11. Humility
  12. Sympathy
  13. Sinful Speech
  14. Honesty
  15. Justice

Most lectures are available at:
  http://www.youtube.com/shehzadsaleem / www.facebook.com/profile.php?id=562019607

Have also recorded a 90 lecture series on the history of the Qur’ān that is available at:  https://www.youtube.com/watch?v=4sNWx-SSvc8&list=PL7oYOZNO0kHwDzi9P4UmSremVOVKzku7s

PERSONAL
  An avid tennis player besides being a swimmer, cricketer,  golfer and a chess player.
  Hobbies include reading books on religion, philosophy,  literature and history and writing poetry.
  Born on 18th June, 1966. Married with one son.

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