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What is Nikah Halala & Is it Good or Bad? | SC Judgement on Nikah Halala | Judiciary – Free PDF

What is Nikah Halala & Is it Good or Bad? | SC Judgement on Nikah Halala | Judiciary – Free PDF_4.1

NIKAH HALALA Is it Good or Bad

Nikah Halala

  • Also known as Tahleel Marriage is a practice in which a woman, after being divorced by Talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband.
  • In Islam, ‘halala’ is a term that finds its roots in ‘halal’ that translates to something that is permissible, and therefore ‘lawful’. In context of marriage then, it means that a divorced woman can become ‘halal’ (lawful) for her husband again after nikah halala is complete.
  • It is said that this rule was established by the Prophet himself. Dr. Furqan Ahmad, a Research Associate wrote in Understanding the Islamic Law of Divorce that “the Prophet tried to put an end to [this] barbarous pre-Islamic practice” which was “to divorce wife and take her back several times in order to ill-treat her”.

Prophet Muhammad (PBUH) sayings:

  • Abu Dawood and Ibn Majah reported that both, The First Husband (Muhallil) and The Temporary Husband (Muhallil Lahu) were cursed by Allah, and Ibn Majah calls the temporary husband “a borrowed billy-goat”.
  • According to Hadith a Tahleel Marriage (Nikah Halala) with the intention of divorcing so that the original spouses can re-marry is forbidden (Haraam).
  • This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person, is absolutely impermissible and a grave sin in the sight of Allah.
  • Doing Halala is Haram (Forbidden) in Islam.
  • In modern India, nikah halala has been manipulated and misused.
  •  In October 2016, an Indian Muslim woman claimed that her husband’s friend raped her. The husband had lost his wife to his friend in a gambling game, and therefore had to divorce her. In order to get her back, the husband asked his friend to sleep with the woman.
  • The accused (husband’s friend) called it part of the “nikah halala”, so that her divorced husband could take her back.
  • Several websites and social media pages have emerged offering halala marriage services to women who’ve been divorced by their first husbands.
  • Such sites offer men who are willing to marry and sleep with the client (in this case, a distraught and divorced woman) in exchange for a fee.
  • Many women who approach these services are either blackmailed or taken advantage of. Many are asked to pay large sums of money.
  • What is Nikah Halala & Is it Good or Bad? | SC Judgement on Nikah Halala | Judiciary – Free PDF_5.1

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What is Nikah Halala & Is it Good or Bad? | SC Judgement on Nikah Halala | Judiciary – Free PDF_4.1

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