Planned halalah

Fatwa ID: 01579

Answered by Molana Ishaaq Hussain

Question:

Assalamualaikum. A woman got divorced a few years ago. Now the two want to reunite and it became the ultimate aim of woman , but according to Islam the two cannot unite until women is married to second husband and then gets divorce from second husband. But as already stated it became the ultimate aim to remarry with her first husband. She marries the second husband only to get eligible for remarrying her first husband. Is the second marriage a contract marriage, can they reunite and how? 

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

When a woman is divorced three times, this divorce is irrevocable which means that the husband cannot take her back unless she marries another man first.

The general misconception is that marrying another is a solution provided by Shariah in order for the husband and wife to get back together. This is not correct.

The meaning of Halalah is that if the woman after being divorced and after observing her iddah(waiting period) wished to marry another man, she can do so.

This second husband on his own accord divorces her after having sexual intercourse with her then after observing the iddah, she can remarry her first husband. (The Complete system of Divorce p.53)

It should be borne in mind that this is not a solution provided by the Shariah. Once three divorces are pronounced, the marriage is over and there is no getting together again.

Saaiduna Abdullah Ibn Masud   narrates that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) cursed the Muhill (the one who makes halal) and the muhall lahu (for the one it is made halal.) (Sunan Tirimizi p.231 v.1)

According to the Hanafi Madhab if a woman enters into marriage with another man on the condition made verbally that he divorces her after consummating, the marriage is valid but severely disliked because of the aforementioned hadith. The

woman will be free to marry the first husband.

If a person marries without placing a verbal condition but had an intention in his heart to divorce her after consummating the marriage so that she can become lawful for the first husband, this marriage will be considered permissible (Bahur Raaiq p.58 v.4, Fathul Qadir p.34 v.4 & Dars Tirmizi p.399 v.3)

However, the view of Imam Shafi   and Imam Ahmad   is that whether a person places a condition or conceals it the marriage is not done. He is still a Muhill (the one who makes halal) and if he thereby intends to make her permissible for the first husband, then he is cursed. (Dars Tirimzi p.400 v.3)

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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