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


Born in 1966 Shehzad Saleem has been under the tutelage of Javed Ahmad Ghamidi since 1988 and is currently a Research Fellow and one of the Vice Presidents of Al-Mawrid. He has a Bachelors in Electrical Engineering from UET Lahore, Pakistan and holds a PhD in the History of the Qur’an from the University of Wales, UK.

Special Area of Interest
  He recently (2014) completed a fifteen year research work on the History of the Qur’an, a part of which constituted his doctoral thesis (the thesis portion is available at: http://www.al-mawrid.org/index.php/books/view/collection-of-the-quran-a-critical-and-historical-study-of-al-farahis-view).  The work addresses some nagging questions related to the revelation, collection and transmission of the Qur’an. These questions include narratives found in our legacy on the alleged incompleteness of the Qur’an, scribal errors found in it,  its variant readings, chronology of its compilation, order of the surahs, and manuscript studies.

Books Authored
  1. Common Misconceptions about Islam
  2. Playing God: Misreading a Divine Practice
  3. Islam and Women: Misconceptions and Misperceptions
  4. Essays on Character Building, Lessons on Character Building
  5. Qur’an Workshops on Character Building (including a separate Teacher’s Guide)
  6. Lessons on Character Building
  7. Selections from the Qur’an
  8. Selections from the Bible
  9. Selections from the Hadith

He has also compiled a modular textbook on Qur’anic Studies, which was taught by him to graduate students (1999-2001). The textbook is available in course format at
  www.studying-islam.org. It comprises course topics as: Revelation of the Qur’an, Theme of the Qur’an, History of the Qur’an, Arrangement of the Qur’an, Language of the Qur’an, Interpreting the Qur’an.

Translations
  He has translated some works of Amin Ahsan Islahi (d. 1997) and Javed Ahmad Ghamidi into English. These include:

1. Volumes 6, 7,  8 and 9 of Tadabbur Qur’an 
  2. Mizan (Islam: A Comprehensive Introduction)
  3. Al-Islam (Islam: A Concise Introduction)
  4. Selected Essays of Javed Ahmad Ghamidi
  5. Volumes 1 and 5 of Al-Bayan 

QnAs
His answers to various questions received about Islam can also be accessed at the Renaissance website at: http://monthly-renaissance.com/issue/writers.aspx?option=queries&id=1

Websites
He is the Founding Editor of the monthly research journal, Renaissance which was initiated in 1991. In 1999, its website www.monthly-renaissance.com was launched.

He launched the Studying Islam www.studying-islam.org website in 2003, which offers online courses on Islam. Through technical help, he has developed an online software (Qur’an for All) at the Studying Islam website to teach the translation of the Qur’an to those who can read the Arabic text but cannot comprehend its meaning.

He also set up websites about the life and works of the Qur’anic scholars Hamid Uddin Farahi (www.hamid-uddin-farahi.org)  and Amin Ahsan Islahi (www.amin-ahsan-islahi.org)  in 2010 and 2013 respectively

He has also built a text based website on the exegesis Tadabbur i Qur’an (www.tadabbur-i-quran.org)  in 2013.

He also founded a website on the life and works of the biblical scholar Abdus Sattar Ghauri (www.abdus-sattar-ghauri.org)  in 2014

He uses his personal facebook page (https://www.facebook.com/profile.php?id=562019607)  to write on personality development issues.

Lectures
  He is a guest speaker at various public forums. Some of the topics he regularly speaks on include:

1. Misconceptions about Women in Islam
  2. Pardah and Gender Interaction
  3. Non-Muslims and the Qur’an
  4. Question on the Qur’an by Serious
  5. Misconceptions about Islam
  6. Muhammad (sws): The Misunderstood Prophet of Islam
  7. Marriage and Married Life
  8. Fast and Fasting
  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

He conducts activity-based Qur’anic Workshops for adults and sessions on Character Building and Personality Development for teenagers. Topics include:

1. Spending in the Way of God 
  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

Some of his talks and lectures on or about Islam can be viewed at:
  www.youtube.com/shehzadsaleem         www.dailymotion.com/drshehzadsaleem
  www.youtube.com/shehzadsaleemurdu, www.dailymotion.com/drshehzadsaleemurdu

A facebook page, Dr Shehzad Saleem’s Video Talks (https://www.facebook.com/Dr-Shehzad-Saleems-Video-Talks-309627932402929/?ref=br_rs)  also displays his talks

Answered by this author