Fatwa ID: 02680
Answered by: Maulana Imran Mughal
Can you advise on this matter, please? The husband wants to reconcile but the wife is refusing Halalah. Her feeling is that since it is the husband who gave talaq, he is the one who should go be 'raped', have Halalah. She says she can never love another man as much as she loved her husband, let alone marrying another. How do we convince her to sleep with another man just for the sake of reconciliation?
She says she will reconcile if there was another way but will not allow her body to be used in this manner. There are no children, the marriage broke after 10 happy years due to a month of disagreement where talaq got pronounced and is regretted now.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful.
It must be understood that Halalah is not a quick fix Deeni solution to reunite the husband and wife. The husband should not even be giving three divorces as it is sinful, rather he should adopt the sunnah way of issuing a divorce. Halalah is something that should occur naturally, such that making it a condition to divorce the wife after she has been with another man is Makruh Tahreemi.
Consider the following hadith:
Sayyidunā Abdullāh ibn Mas’ūd narrates that the Prophet of Allāh ﷺ cursed the Muḥill (the one who makes ḥalāl) and the muḥall lahū (the one she is made ḥalāl for).
Only Allah knows best
Written by Maulana Imran Mughal
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Sunan At-Tirmidhī Ḥadīth 1102, 95-298.