What Is Halala In Muslim ?

Halala as used in Islamic law is a legal and religious procedure that permits a woman to remarry her ex-husband following talaq (divorce) by him. One of the most contentious and frequently misinterpreted facets of Muslim personal law despite having strong roots in Islamic jurisprudence is this practice.

What Is Halala In Islam?

Islam discourages divorce unless it is absolutely necessary and marriage is regarded as a sacred bond and a social contract. When a divorce does occur there are particular protocols that regulate the process. The term talaq which means to release or to set free refers to the procedure by which a husband can divorce his wife under Muslim law.

Halala is what happens when a husband performs talaq three times in a row which is called talaq-e-mughallazah (irrevocable divorce). The former husband is not allowed to remarry his ex-wife after this point because the marriage is deemed fully dissolved unless she first marries another man consummates that marriage and then gets divorced or widowed. She is only allowed to remarry her first husband under Islamic law. This procedure is known as halala.

The Origin And Purpose Of Halala

In Surah Al-Baqarah verse 230 the Quran states that a man cannot remarry his divorced wife after a final irrevocable divorce until she has married another man. This is where the idea of halala first appeared. There are two reasons for this rule.

• To Avoid Talaq Abuse: Islam forbids divorce particularly recurrent divorces and reconciliations which can cause emotional distress and instability for the woman. By acting as a deterrent halala makes sure that a husband does not take divorce lightly.
• To Preserve the Sanctity of Marriage: Halala emphasizes the value of marriage by stressing that a husband cannot arbitrarily remarry his wife after multiple divorces. It deters hasty divorces and highlights the importance of marriage as a lifetime commitment by requiring the woman to marry someone else before she can get back together with her first husband.

Also Read : Divorce under Muslim laws in India

The Procedure Of Halala

Islamic law states that a wife is free to remarry if her husband issues a talaq three times. If both of them agree she may remarry her first husband if after entering this new marriage her second husband voluntarily divorces her or passes away. For this process there are stringent requirements.

• Real Intent: The woman must have a valid reason for marrying a second husband and not have planned to get a divorce right away.
• Second Marriage: Islamic law stipulates that in order to meet the requirements of halala the second marriage must be consummated. This regulation guarantees that the union is authentic and not just a formality.
• Waiting Period (Iddah): A woman cannot remarry her ex-husband until she has endured an iddah period usually three menstrual cycles following the divorce from the second husband. In the event that the woman is pregnant this time frame is a preventative measure to guarantee that there is no misunderstanding regarding parentage.

Also Read : Legal Status of Second Marriage Under Muslim Law

The Controversies Surrounding Halala

Although halala has its origins in Islamic law it has recently been the focus of intense debate especially in relation to its application and alleged abuses. Among the primary concerns are the following.

• Abuse of Halala Services: In certain communities halala has become a commodity. For a fee people or organizations provide halala services that allow women to get married and divorced so they can remarry their first husbands. Islam strongly condemns this because it violates the fundamentals of Islamic marital law and takes advantage of women. .
• Womens Emotional and Social Impact: To return to her first husband a woman must marry consummate and divorce another man. This can have a significant emotional and psychological impact. When halala is mishandled or perceived as a mandate women may feel exploited or ashamed. Critics contend that doing so may compromise womens autonomy and dignity in their private lives.
• Reform Calls: A number of Islamic scholars and womens rights advocates support changes to divorce procedures especially the triple talaq procedure. A number of Muslim-majority nations have prohibited triple talaq which entails saying talaq three times in one sitting due to the possibility of abuse. Following triple talaq halala is also being questioned by activists who want a more humane approach that upholds womens rights and Islamic teachings.

Halala In The Modern Context

In an effort to bring halala into line with modern ideals of equality and human rights scholars who support a modern interpretation of the term have recently reexamined the idea. According to these scholars halala was never intended to be a tool for social control over women or a way to make money. Rather they contend that halala was intended to highlight the value of marriage and deter hasty divorces particularly the practice of triple talaq which allows a husband to formally divorce his wife three times in a row. Advocates for a revised definition of halala contend that womens and mens education initiatives could lessen the incidence of triple talaq and consequently the need for halala services in general. They also demand the establishment of stronger legal frameworks intended to shield women from possible exploitation and stop the misuse of halala as a service. They contend that such actions would guarantee that the practice is not abused or commercialized and that it preserves the moral standards for which it was created helping to bring it into line with the values of justice and dignity.

Conclusion

Despite having its roots in Islamic law halala is still one of the more complicated and contentious customs in contemporary Muslim societies. Although the original goal was to discourage abuse of the divorce process it has occasionally been misunderstood and commercialized. Fundamentally halala emphasizes the importance of marriage in Islam and the grave repercussions of divorce. A balance between conventional teachings and changing views on gender equality and human rights in Islam will probably shape the future of halala as debates over reforming and reinterpreting Islamic law continue.

About The Author

Adv. Syed Rafat Jahan is a distinguished advocate practicing in the Delhi/NCR region. She is also a dedicated social activist with a strong commitment to advancing the rights and upliftment of marginalized communities. With a focus on criminal law, family matters, and civil writ petitions, she combines her legal expertise with a deep passion for social justice to address and resolve complex issues affecting her society.