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'''<u><big>Halala (Tahleel Marriage نكاح التحليل)</big></u>'''
'''<u><big>Remarriage to Ex-Spouse after the Divorce</big></u>'''


Halala is a Sharia Ruling, according to which<ref name=":0">[https://en.wikipedia.org/wiki/Nikah_halala Nikah Halala (Tahleel Marriage)]</ref>:
According to Islam, if a man divorces his wife thrice, then he could not directly remarry her. But if the divorced woman marries another man, and he divorces her or dies, after that she is allowed to remarry her first husband. This ruling has been directly mentioned in Quran. {{Quote|{{Quran|2|230}}|If a man divorces her again (a third time), she becomes unlawful for him (and he cannot remarry her) until she has married another man. Then if he divorces her there is no harm if the two unite again (by remarrying)}}This affects the whole family, but especially women and the children are affected from it.


*If a husband and a wife are separated through divorce, and later they reconcile and want to remarry, then Islam forbids such remarriage and does not allow them to come together again.
This was a practice of the Arab society of the pre-Islamic time of Ignorance, and Islam adopted it from there (along with the other related practices like only husband had the right to divorce, and the system of 3 divorces etc).  
*Islam stipulates, there is only one way for them to come together again, and that is Halala (Tahleel Marriage نكاح التحليل).


In Islamic Halala itself<ref name=":0" />:
The logic behind this ruling was to "punish" the husband for divorcing his wife thrice. Nevertheless, this custom didn't take into consideration the miseries that it brought upon the woman and she was also punished even if she was innocent and didn't make a mistake.
==This was the practice of the pre-Islamic era Arabs==
This was a practice of the Arab society of the pre-Islamic time.


#the woman marries another man.
Actually, the whole "system" of pre-Islamic era consisted of<ref>[https://religion.asianindexing.com/index.php?title=Al-Idah/%D8%B9%D8%B1%D8%A8_%D8%B9%DB%81%D8%AF_%D8%AC%D8%A7%DB%81%D9%84%DB%8C%D8%AA_%D9%85%DB%8C%DA%BA_%E2%80%99%E2%80%99%D8%B7%D9%84%D8%A7%D9%82%E2%80%98%E2%80%98_%DA%A9%D8%A7_%D8%AA%D8%B5%D9%88%D8%B1:_%D8%AA%D8%AD%D9%82%DB%8C%D9%82%DB%8C_%D8%AC%D8%A7%D8%A6%D8%B2%DB%81&mobileaction=toggle_view_desktop Divorce during the pre-Islamic era of Arab.]</ref>:
#And then that 2nd husband also tastes her (i.e to consummate the marriage).
#And if that 2nd husband also divorces her, only then she becomes eligible to remarry her former husband.


The controversy is, if Islamic Halala brings any benefit to the couple and their children, or it brings harm to them.
#Only husband had the right to give divorce, while the women didn't have this right.
#The 3 Talaqs (divorces) system<ref>[https://wikiislam.net/wiki/Women_in_Islamic_Law#Triple-talaq Triple-Talaq]</ref> i.e. Husband was allowed to take his wife back till 2 divorces. But after the 3rd divorce, he was not allowed to take her back.
#But if he desired her even after the 3rd Talaq, then she had to first marry another man, and after the divorce from the 2nd husband, she could return to her former husband.


==Halala was a practice of the pre-Islamic era of Ignorance==
The logic behind this ruling was to "punish" the husband for divorcing his wife thrice. Nevertheless, this custom didn't take into consideration the miseries that it brought upon the woman and she was also punished even if she was innocent and didn't make a mistake. {{Quote|[https://web.archive.org/web/20211219162614/https://al-maktaba.org/book/7299/3369 Dr. Jawad Ali, in his book "Detailed in the history of the Arabs before Islam" كتاب المفصل فى تاريخ العرب قبل الإسلام [جواد علي] ]|ويظهر أن الجاهليين كانوا قد أوجدوا حلًّا لهذا الطلاق الشاذ، فأباحوا للزوج أن يرجع زوجه إليه بعد الطلاق الثالث، ولكن بشرط أن تتزوج بعد وقوع الطلاق الثالث من رجل غريب، على أن يطلقها بعد اقترانها به، وعندئذ يجوز للزوج الأول أن يعود إليها بزوج جديد.</br>It is apparent that the people from the era of Ignorance found a way to make their wives permissible (Halal) for them even after 3 divorces. Therefore, if the husband wanted to take her back, then that woman had to marry a stranger man on the condition that he would divorce her later. After this process had been completed (i.e. the divorce from the stranger), then the first husband was allowed to remarry her.}}
Dr. Jawad Ali wrote:
Later, Islam also adopted whole of this system of the pre-Islamic era (i.e. only husband having the right to divorce + 3 Divorces + the ruling of wife having to marry another man before returning to the 1st husband).  
{{Quote|[https://web.archive.org/web/20211219162614/https://al-maktaba.org/book/7299/3369 Dr. Jawad Ali, in his book "Detailed in the history of the Arabs before Islam" كتاب المفصل فى تاريخ العرب قبل الإسلام [جواد علي] ]|ويظهر أن الجاهليين كانوا قد أوجدوا حلًّا لهذا الطلاق الشاذ، فأباحوا للزوج أن يرجع زوجه إليه بعد الطلاق الثالث، ولكن بشرط أن تتزوج بعد وقوع الطلاق الثالث من رجل غريب، على أن يطلقها بعد اقترانها به، وعندئذ يجوز للزوج الأول أن يعود إليها بزوج جديد.</br>It is apparent that the people from the era of Ignorance found a way to make their wives permissible (Halal) for them even after 3 divorces. Therefore, if the husband wanted to take her back, then that woman had to marry a stranger man on the condition that he would divorce her later. After this process had been completed (i.e. the divorce from the stranger), then the first husband was allowed to remarry her.}}
Thus Muhammad also continued this practice of Halala after the arrival of Islam too.  


==Halala Ruling didn't come from Hadith/Fiqh, but directly from Quran==
Islam added another extra condition to this pre-Islamic era practice i.e. no contract of divorce could be made at the time of marriage with the 2nd man<ref>[https://webcache.googleusercontent.com/search?q=cache:9I3RzrTPfxEJ:https://www.aliftaa.jo/QuestionEn.aspx%3FQuestionId%3D2813+&cd=1&hl=en&ct=clnk&gl=de No contract of divorce could be made at the time of marriage in Islam.] </ref>. This means, if the 2nd husband likes her, then he could keep her for himself. It was intended to make the punishment even more "severe". 
Halala is not a Hadith/Fiqh discussion, but a 'Unanimous Ruling', which came from the Quran directly:{{Quote|{{Quran|2|230}}|If a man divorces her again (a third time), she becomes unlawful for him (and he cannot remarry her) until she has married another man. Then if he divorces her there is no harm if the two unite again (by remarrying)}}Therefore, no Muslim jurist ever denied Halala. The only difference occurs in the secondary issue, i.e.<ref name=":1">[https://web.archive.org/web/20211015212018/https://www.aliftaa.jo/QuestionEn.aspx?QuestionId=28134%D8%A7%D9%84%DB%81 Differences in Fiqh Rulings about Halala] </ref>:


*Hanafi and Shafi'i Fiqhs allow a woman to marry a 2nd man with the 'intention' of taking divorce later, and to remarry her first husband. That is why, we see 'Halala Centers' in the Islamic countries, and even in the western countries too where Muslim population resides.
The logic was to compel the husband to think more carefully before giving the 3rd divorce, and it was also a warning for a woman to solve the dispute, and to make her husband happy before he divorces her the 3rd time.  
*While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, all the doors are shut for a woman to reunite her children and the former husband.


==Muslim women still feel themselves compelled to go back to their ex-husbands despite the humiliation and risky process of Halala==
Nevertheless, this extra condition brought even more miseries upon the Muslim women as compared to the women of the pre-Islamic era of ignorance. Also, the children were also more affected.  
The process of Halala brings a lot of shame and humiliation and risks for a Muslim woman in an Islamic society, and people don't look good at the women who undergoes the Halala process. But many divorced Muslim women still wish (or even feel themselves compelled) to undergo the humiliation of the process of Halala in order to reunite with their ex-husband.  


The reasons are as under.  
==The time period for solving the disputes in the Islamic 3 Talaqs System==
There are 2 ways of giving 3 Talaqs in Islam.


===First Reason: She still loves her ex-husband despite the temporary anger===
#A husband gives 3 Talaqs (i.e. divorces) to his wife in one sitting i.e. if he says "Talaq, Talaq, Talaq" (i.e. 3 times Talaq) to his wife at the same time<ref>[https://islamqa.org/hanafi/askmufti/44814/three-divorces-in-one-sitting/ Three Talaqs in one sitting.] </ref>, then the final irrevocable divorce takes place within seconds.
According to the human nature:
#A husband gives the 1st Talaq (divorce) after the wife becomes free of her monthly bleeding. Then he gives the 2nd after the 2nd menstrual bleeding. These first 2 Talaqs (divorces) are reversible and he could took her back. But if he also divorces her the 3rd time after the third menstrual bleeding, then it becomes the irrevocable divorce<ref>[https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Quranic way of giving divorce.]</ref>. This procedure of Talaq takes about 3 months time.


*Humans have both love and anger in their nature.
In the first case, if a husband pronounces 3 divorces at once in anger, then there is absolutely no time left to solve the disputes. The whole family is destroyed within seconds.  
*And humans are prone to make 'temporary' mistakes in their anger.
*What if a husband pronounces 3 times Talaq to his wife in the state of anger?
*Will the husband now get no chance to correct his temporary mistake?
*Does this temporary mistake really ends all the love between them?
*According to the human nature, it is certainly possible for a woman to still love her ex-husband and vice versa despite the divorce.


The point of view of the Islam critics is:
In the 2nd case, the procedure of Talaq takes about 3 months time. '''Nevertheless, still there is no guarantee that the dispute between the husband and the wife is going to be over within 3 months.''' Some people, sometimes need some more time to learn their lessons than the 3 months.


*Their "mutual love" and "mutual consent" should be the reason enough to allow them to remarry.
==Why a divorced Muslim couple still wants to reunite?==
*Actually, if they are willing to reunite, then they must be strongly "encouraged and supported", while this is more beneficial for their children too, otherwise the family life of the children is destroyed.
===First Reason: The couple still love each other, despite the temporary anger and dispute===
*And any prohibition upon their reuniting is against the human nature, and illogical and brings only unnecessary hardships in their lives and in the lives of their children.
A divorce may occur due to many reasons (like temporary anger, inexperience of the young couple to solve their disputes, or family pressure, or financial situation etc.).  


===Second Reason: Preserving the family life for their children===
But all these factors could change with time, and they may be able to solve their dispute later.
In case of divorce:


*Both partners have to live separately,
Nevertheless, problem occurs for the divorced Muslim couples that they don't have any chance to correct their mistake later, and to reunite due to this Islamic ruling.  
*And thus the children are also separated either from the father or from the mother.
*In both cases, the family life of the children is destroyed.
*Therefore, for the sake of their children, and in order to provide them with the love of their fathers in a family life under one roof, many divorced Muslim women wish to return to their ex-husbands later.


===Third Reason: Islamic Ruling that a all the children will be separated from the mother, if she marries any other man (except for her ex-husband)===
===Second Reason: Preserving the family life for their children===
Halala Ruling does not effect the life of a divorced woman alone, but it works with another Islamic Ruling which says that<ref>[https://web.archive.org/web/20210606140409/https://www.islamweb.net/en/fatwa/182019/why-a-wife-loses-custody-of-her-children-in-case-she-remarries Woman looses the custody of children if she remarries. www.Islamweb.net Fatwa Site.] </ref>:
In case of irrevocable divorce, both the partners have to live separately, and thus the children are also separated either from the father or from the mother.  


*A woman will loose all of her children and they are separated from her if she marries any other man (except for her ex-husband).
In both cases, the family life of the children is destroyed.
*Islamic Logic is that all the time of the wife (except of the prayers) belong to the new husband. He could call her for sexual enjoyment at any time. But if children from the first husband are still there, then it hampers the right of 2nd husband to enjoy her. Thus, the children should be separated from her if she decides to remarry another person.


Thus, all the divorced Muslim mothers are badly affected and they are in a hard rock and hard place due to the "combination" of these 2 "Islamic Rulings". They are practically "compelled" to choose one of the lesser evil from the 3 options below:
Therefore, for the sake of their children, the divorced couples often wish to reunite later.


#Their first option is to choose to stay with their children, but the evil for them is that they have to give away their right to remarry any other man.  In an Islamic society, it is very difficult for a woman to survive alone. She has to face a lot of restrictions (like taking Hijab and not to make interaction with men). Thus, her life becomes really difficult to go outside of house, and then to find a good job, and then to work whole day there, and at the same time to look after her small children at home too. Thus, the easiest way for a divorced woman to survive in an Islamic society, is to remarry and get the support of another man.
But again, due to this Islamic Ruling, the divorced couple get's no chance to correct their mistake and to reunite for the sake of their children.  
#Their second option is to marry another man of their choice, in order to get the financial support and love from him.  But the evil for them in this option is that all their children will be separated from them. And it is one of the most horrible thing for any mother to loose any or all of her children.
#Their third option is to remarry their ex-husband. In this case, they will get the financial support of a man, and children will also not be separated from them, and actually the it is best in the interest of a the children to stay under one roof in a family life with their mother and father.  That is why, many divorced Muslim mothers feel themselves compelled to desire for Halala, despite it being a shameful process for them to allow other man to play with their bodies against their wish.


==Risks, that are involved in Halala for a woman==
==Women especially feel themselves compelled to reunite with their ex-husbands==
There are three big risks involved in Halala for a woman.
Another Islamic Ruling stipulates that<ref>[https://web.archive.org/web/20210606140409/https://www.islamweb.net/en/fatwa/182019/why-a-wife-loses-custody-of-her-children-in-case-she-remarries Woman looses the custody of children if she remarries. www.Islamweb.net Fatwa Site.] </ref>:


#Firstly, what if the 2nd husband decides not to giver her a divorce? In Islamic Sharia, a woman has neither a right of divorce, nor of Khul'. (Remember, Khul' is also a right of husband. If he does not agree on Khul', then no Islamic Court could provide that woman her freedom. Islamic court could separate them only in case if husband is not paying the maintenance money to her, or if he is impotent. Please read the [[Khul']] article regarding the details).
*A woman will lose all of her children and they are separated from her if she marries any other man (except for her ex-husband).
#Secondly, what if the 2nd husband not only wants to keep her as his wife, but he also becomes abusive and starts beating her, so that she becomes submissive and starts providing sex services to him properly? '''Note:''' Islamic Sharia allows the husband to severely beat the wife (even with bruises) if she is not providing him with the sex services properly. No Islamic court could provide her with freedom even in case of such abusive husband, except that he breaks any part of her body (like bones etc)<ref>[[Khul'|Khul' Article.]] </ref>.
*Islamic Logic is that all the time of the wife (except of the prayers) belongs to the new husband. He could call her for sexual enjoyment at any time. But if children from the first husband are still there, then it hampers the right of 2nd husband to enjoy her. Thus, the children should be separated from her if she decides to remarry another person.
#Third big risk for a woman is the so-called [https://en.wikipedia.org/wiki/Ghayrah Ghayrah] of the 1st husband. After the 2nd husband already had sex with her, then certainly it lowers her status and value in the eyes of her 1st husband, and he could not love her as before. Especially, when men in an Islamic society become extremely emotional and unsensible in name of ('''Ghayrah''' (Arabic: غَيْرَة‎), which means a person's dislike of another's sharing in a right (which belongs to the former).Th us, the whole Muslim society think bad about such woman, who undergoes the process of Halala in order to reunite with her ex-husband and the children. And it is not only the hatred from the whole Islamic society, but risk is there that 1st husband will deny to remarry her in name of Ghayrah, even after she takes the divorce from the 2nd husband.


==Combination of Halala + Wife Beating + Wife not having the right to get her freedom through divorce==
In an Islamic society, it is very difficult for a woman to survive alone. She has to face a lot of restrictions (like taking Hijab and not to make interaction with men). Thus, her life becomes really difficult to go outside of house, and then to find a good job, and then to work whole day there, and at the same time to look after her small children at home too. Thus, the easiest way for a divorced woman to survive in an Islamic society, is to remarry and get the financial support from the 2nd husband.
Halala does not come alone. In another combination, it affects the women as under:


#Halala
Thus, all the divorced Muslim mothers are badly affected and they are in a hard rock and hard place. They are practically "compelled" to choose one of the following options below:
#Wife Beating
#And a wife does not have any right to get her freedom from an abusive husband in any way.


The combination of all three of them in action is found in the following Hadith:{{Quote|{{Bukhari|||5825|darussalam}}|Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by severe beating)'''. It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, ''' "I have not seen any woman suffering as much as the believing women (i.e. men were not beating their wives so brutally during the era of ignorance as they beat after Islam). Look! Her skin is greener than her clothes!" '''When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but '''he is impotent''' and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient '''and wants to go back to Rifa`a (i.e. the first husband)'''." Allah's Apostle said, to her,''' "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you'''." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}}Therefore:
#Their first option is to choose to stay with their children. But then they could not marry another man, and they have to give away their natural need of being loved by a man, and the financial support of a man, which is very much needed in an Islamic society.
#Their second option is to marry another man of their choice, in order to get the financial support and love from him. But the evil for them in this option is that all their children will be separated from them. And it is one of the most horrible thing for any mother to loose any or all of her children.
#Their third option is to remarry their ex-husband. In this case, they will get the financial support and love of a man, and children will also not be separated from her. Even if the she does not love the first husband, still getting the "financial support" from him along with the option of separation from her children is enough reason for her to wish to reunite with the former husband.


*Either this Sahabia lady (i.e. female companion) was telling a lie about the impotency of her husband (and that too in front of Prophet Muhammad himself), or her 2nd husband was telling a lie when he claimed to not to be impotent.
This is one of the main reason why Muslim women are very harshly and unilaterally hit by divorce, and they may feel themselves strongly compelled to return to their first husband (even if these women were totally innocent, and it was the fault of their husbands to divorce them). This is the "Only Chance" available for a Muslim woman in Islam to have a complete family life (which includes husband and her children).  
*Muhammad later declared that female companion to be a lair, due to 2 sons of that man from another wife.
*So, what compelled that female companion to come up with this lie of impotency of her husband?  Answer is, in this rare case of impotency, she has a chance to get her freedom through an Islamic court. Here you could read about these rare cases, where an Islamic court could give freedom to the women through [https://wikiislam.net/wiki/Khul%27#Faskh_.D9.81.D8.B3.D8.AE_.28i.e._dissolution_of_marriage.29.2C_and_the_unilateral_women.27s_sufferings: Faskh (i.e. dissolution of marriage)].
*But such false charges and disputes are only going to destroy the peace in the house, and no one could live happily in such an environment.
*And if a Sahabia (female companion) lady was unable to control over her love and desire for the 1st husband, and if she was ready to come up with false slanders to achieve her desire, then it could not be expected from the women of today to not to love their ex-husbands and not to make such false moves in order to achieve their true desires.


Moreover:
==Combination of This Ruling + Wife Beating + Wife not having the right to get her freedom through divorce==
This Islamic Ruling does not affect the woman's life alone, but it works in combination of two other Islamic ruling (i..e Wife beating + A wife does not have the right to take divorce).


*Firstly, according to this hadith, the husband beat her so brutally that her skin became green (she got bruises), but she was still unable to get freedom from him (through divorce or [[Khul']] or court or any other way), as husbands are fully allowed to beat their wives in Islam.  Even the Islamic courts are also not allowed to give her her freedom (except that any part of her body is broken during the beating).
The combination of all three of them in action is found in the following Hadith:{{Quote|{{Bukhari|||5825|darussalam}}|Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by severe beating)'''. It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, ''' "I have not seen any woman suffering as much as the believing women (i.e. men were not beating their wives so brutally during the era of ignorance as they beat after Islam). Look! Her skin is greener than her clothes!" '''When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but '''he is impotent''' and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient '''and wants to go back to Rifa`a (i.e. the first husband)'''." Allah's Apostle said, to her,''' "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you'''." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}}
*Even if the sole mistake is of the husband himself, and even if he is an abusive bad-tempered person, still Islam does not allow the woman to get rid of him. She is compelled to live whole of her life with him (if he wishes so).
*And 'Aisha testified that after the arrival of Islam, the Muslim men used to beat the women much more brutally as compared to the pre Islamic period (i.e. Kafir husbands didn't beat their wives so brutally as Muslim husbands beat them).
*And we see that the Lady loved her first husband and she wanted to reunite with him through Halala, as Islam didn't permit her to directly wed he ex-husband without Halala.
*And the risks of Halala became true for that lady, as her 2nd husband turned out to be an abusive person. He didn't give her divorce, despite knowing this fact very well that she didn't love him, but she loved her ex-husband only.
*And in such cases, not only one family is destroyed, but both the families are destroyed. The house of first husband is destroyed, while the children are without the mother. And the house of 2nd husband is destroyed while there is no peace there and this house becomes the the center of beating for the woman.
*The children from the first husband are certainly going to be disturbed to see their mother to be tortured in this way.
*And it is only the woman who has to undergo and face all these difficulties alone.  Either it is the period of 3 menstrual cycles during the process of first divorce (where woman is alone in the house, but husband is allowed to enjoy his other wives and the slave-women) or it is the 'Iddah of 3 menstrual cycles after the divorce, or it is marrying the 2nd husband, and then providing him the sex services, and then again going through the process of 2nd divorce and then 2nd Iddah. Please read the [['Iddah (Female Menstrual Waiting Period)|'Iddah]] article for more details. In this whole process, man is free to enjoy his other wives and the slave-women.


==What is the LOGIC behind Halala?==
===Why this Sahabaia lady (i.e. female companion) made false slander of impotency against her 2nd husband?===
Islam has been severely attacked on the issue of Halala, and questions are asked:
From the Hadith of wife of Rifa`a, it is clear that either this Sahabia lady (i.e. female companion) was telling a lie about the impotency of her husband (and that too in front of Prophet Muhammad himself), or her 2nd husband was telling a lie when he claimed to not to be impotent.


*What is the logic behind Halala?
Muhammad later declared that female companion to be a lair, while her 2nd husband already had 2 sons from another wife.


*And how Halala is going to solve the problems between the husband and the wife?
So, what compelled that female companion to come up with this lie of impotency of her husband?
*And how Halala is going to secure the interests of the children?


==Defences of Halala by Islam advocates==
Answer is, in case of impotency, she had a chance to get her freedom through an Islamic court. Here you could read about these rare cases, where an Islamic court could give freedom to the women through [https://wikiislam.net/wiki/Khul%27#Faskh_.D9.81.D8.B3.D8.AE_.28i.e._dissolution_of_marriage.29.2C_and_the_unilateral_women.27s_sufferings: Faskh (i.e. dissolution of marriage)].
Here are the defences, that have been made by Islam advocates today.


===First Defence: Halala is a punishment for the 1st husband for his bad temper===
===Risks involved for the Muslim woman in the 2nd marriage:===
Islam advocate gives the following reason<ref>[https://www.quora.com/What-is-the-logic-behind-Nikah-Halala-which-makes-the-reunion-of-a-divorced-couple-so-difficult Logic behind Halala. Quora.com.]</ref>.  
This hadith of the wife of Rifa`a also makes clear about the huge risks and the severe consequences that a woman could face in case of marriage with the 2nd husband.  


*In Islam, only husband has the right to give divorce.
Even if a woman marries with the intention of divorce to the 2nd man, still there is a huge risk for her that  the 2nd husband would not grant her freedom by giving her divorce as it is solely his right according to Islam. A Muslim woman could not get her freedom even through [[Khul']] in Islam, as Khul' is also the right of the husband in Islam and no Islamic court could compel him to set her free.  
*Thus, if a husband wants to remarry his ex-wife, it means that he made a mistake and divorced her in anger.
*That is why, Halala is a punishment for the 1st husband of his bad temper.
*It is a severe punishment for him to share his wife with another person.


But problem with this logic is that the wife and the children have also been suffering severely due to Halala, despite being innocent:
Even more risk is involved for her that Islam also allows the 2nd husband to beat her severely in order to make her submissive, so that she provides him with the sex-services properly.


*It is the wife, who has to first face the hardships of process of divorce (which is 3 menstrual cycles long). In this period, she has to stay in the house of husband, but he would neither touch her, not show her any love. She is in a solitary confinement like situation.
This beating could be so severe that she could even get the bruises all over her body. Even 'Aisha was complaining and testifying that the women in the pre-Islamic era were not beaten so brutally, as the Muslim women were being beaten by their Muslim husbands.
*Then after the divorce, she again has to suffer alone the difficulties of 'Iddah for 3 more menstrual cycles, where she is again in a solitary confinement like situation, and could not fulfill her sexual desires, or to get the love and attention of any other man
*Then she has to go through the hardships of marrying another man, and let him play with her body against her wish. And then comes again the 6 months long process of 2nd Talaq and 2nd 'Iddah.
*And if the 2nd husband is an evil abusive person, and he wants to keep her against her wishes, then he is going to beat her whole of her life and keep on playing with her body against her will for the rest of her life, and she is never going to be reunited with her children.
*And despite being innocent, she also has to face the hatred of whole Islamic society, which deems Halala to be against the modesty of a woman.
*And it also lowers the status of the innocent woman in the eyes of her 1st husband, and he might not love her as before, or even deny to remarry her.
*And what about the children? Why do they have to bear the hardships of being separated from their mother (when she goes to the house of 2nd husband according to the Islamic law)?


===Second Defence: Halala was introduced so that the men don't take divorce lightly===
===Love and desire to reunite with the first husband is "natural" despite the irrevocable divorce===
Another Islam advocate claims that<ref>[https://webcache.googleusercontent.com/search?q=cache:C7qreKMHxGcJ:https://www.facebook.com/habibullah.009/posts/%25D8%25AD%25D9%2584%25D8%25A7%25D9%2584%25DB%2581-%25DA%25A9%25DB%258C-%25D8%25AD%25DA%25A9%25D9%2585%25D8%25AA%25D8%25A2%25D8%25AC-%25DA%25A9%25D8%25A7-%25D8%25B3%25D9%2588%25D8%25A7%25D9%2584-%25D9%2586%25D9%2585%25D8%25A8%25D8%25B1-%25DB%25B1%25DB%25B4%25DB%25B2%25DB%25B5%25D8%25B4%25D8%25B1%25DB%258C%25D8%25B9%25D8%25AA-%25D9%2585%25DB%258C%25DA%25BA-%25D8%25AD%25D9%2584%25D8%25A7%25D9%2584%25DB%2581-%25D8%25AB%25D8%25A7%25D8%25A8%25D8%25AA-%25DB%2581%25DB%2592-%25D8%25A7%25DA%25AF%25D8%25B1-%25D8%25AB%25D8%25A7%25D8%25A8%25D8%25AA-%25DB%2581%25DB%2592-%25D8%25AA%25D9%2588-%25D8%25A7%25D8%25B3%25DA%25A9%25D8%25A7-%25D8%25B5%25D8%25AD%25DB%258C/2159873084297679/+&cd=2&hl=en&ct=clnk&gl=de شیخ الحدیث حبیب اللہ القاسمی] </ref>:
This hadith of wife of Rifa`a also proves that love is natural, and desire to return to him is also natural and no irrevocable divorce could end this love and desire.  


*Halala was a warning for the husband to think carefully before divorcing her.
And if a Sahabia (female companion) lady was unable to control over her love and desire for the 1st husband, and if she was ready to come up with false slanders to achieve her desire, then it could not be expected from the women of today to not to love their ex-husbands and not to make such false moves in order to achieve their true desires.
*In the pre-Islamic days, people used to divorce in the morning, and then take the wives back in the evening.
*Therefore, the logic behind Halala is that men don't take the divorce lightly.


But the problem with this logic is:
===Two houses and two families are going to be destroyed due to the restriction upon the love===
This hadith of wife of Rifa`a also proves if religion is going to curb the love, and even succeeds in compelling her to marry another man, then still two families are going to be destroyed.


*Halala is still a big risk for the woman and the children.
The house of first husband is going to be destroyed, while the children are without the mother. And the house of 2nd husband is going to be destroyed while there is no peace there and this house becomes the the center of beating of the woman.
*What if the husband does not think carefully, and still divorces her in anger, then it is she who has to suffer a lot of hardships and her life is going to be ruined, along with the family life of the children.
*She either has to separate herself from her children, or to give up her right of fulfilling her sexual desires and have love and attention of a man in her life.
*And what is wrong if the husband divorces her in the morning, and then takes her back in the evening with the mutual consent. Let them divorce each other thousands of times and then reuniting with each other's mutual consent again and again in the evening. Such a reuniting is not harming anyone. But Halala closes this door of reunification and it causes a lot of damage to the women and the children.


===3rd Defence: It is only the Hanafi Fiqh Ruling (i.e. marrying with the intention of divorce and Halala Centers), which gives bad name to the Islamic Halala===
Therefore, it is not only the woman, but the children and the whole two families are going to pay the price of this restriction.
Modern Islam advocates (basically Salafists) also criticise Hanafi Fiqh and claim that:


*Islam does not allow to marry the 2nd husband with the intention of divorce. And prophet Muhammad cursed those who hire a 2nd husband with the precondition of divorce later<ref>Largest Salafi Fatwa Website [https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Islam Question Answer]</ref>.
==Halala (Tahleel Marriage)==
*And if there are Halala Centers present in some Islamic and the western countries, then these are not due to Islam, but only due to the Hanafi Fiqh.
In Halala (or Tahleel Marriage), the 2nd marriage tooks place with the intention of later giving divorce to the woman, so that she could become lawful (Halal) for her former husband to marry her again.


This argument triggers a response by two parties.  
There is a difference of opinion in different Fiqhs regarding the 2nd marriage with the intention of divorce<ref>[https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Intention of Divorce makes Tahleel Marriage invalid. Islamqa.com]</ref> 


First one are the Hanafis, who say that<ref>[https://islamqa.org/hanafi/muftisays/9587/halala/ Hanafi Fatwa Website]</ref>:
*Hanafi and Shafi'i Fiqhs allow a woman to marry a 2nd man with the 'intention' of taking divorce later, and to remarry her first husband. That is why, we see 'Halala Centers' in the Islamic countries, and even in the western countries too where Muslim population resides.
 
*While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, practically all the doors are shut for a woman to reunite her children and the former husband.
*Any such "precondition" at the time of Nikah is prohibited and such people are cursed.
*But if no such precondition is stipulated, and people are only "intended" in their hearts, then such Nikah does not become void only due to the intention.
*In the Hadith of Bukhari (which has been mentioned above), the female companion (i.e. the ex-wife of Rifa`a) married that other man (i.e. `AbdurRahman) with the intention of divorce later. But prophet Muhammad didn't invalidate that marriage due to her intention, and only put this condition that she could only return to her first husband after her 2nd husband had sexual intercourse with her.
 
And the second party is of Islam critics, who counter this by claiming:
 
*Halala is in it's EVERY form oppressing the woman and the children (either it is Hanafi Fiqh, or if it is Hanbali/Maliki Fiqh).
*The only difference is one is MORE harming, while the other is little bit LESS harming.
*If we accept the Hanafi Fiqh as a true Islam (i.e. marrying another person with the intention of marriage is allowed), then it brings less harm to the woman and the children and they have indeed a chance to save their family life.
*But if we accept the Hanbali and Maliki Fiqhs as a true Islam (i.e. marrying another person with the intention of marriage is not allowed), then it brings EVEN MORE harm to the woman, while in this case all the doors have been shut upon the woman to rejoin with his ex-husband. And her children will be separated from her, in any case, which is a biggest punishment for a mother. And children will also be greatly affected as they will loose their family life in this case.
*And as far as the presence of "Halala Centers" is concerned in the few Islamic and the western countries is concerned, then it may be a stupidity, but still desirable as they indeed help the poor woman and the children in order to get back to their complete family life. The absence of such Halala Centers will only make their lives more difficult.
*Thus, when the modern Islam apologists bring this argument that marriage with the intention of divorce with the 2nd man is not allowed, then it does not serve as a DEFENCE for Islam, and it does not relieve it from this oppression and illogical ruling of Halala, but it proves only this that this Islamic Ruling is even more illogical and even more oppressing.
 
===4th Defence: The emergence of Nikah Tahleel (Halala) is only a consequence of an incorrect form of divorce known as “Triple Talaaq” (which is common in Hanafi and other Fiqhs)===
Modern Salafi Islam advocates claim that<ref>[https://www.abuaminaelias.com/triple-talaq-nikah-halala/ Website of Abu Amina Elias]</ref>:
 
*Quran stipulated the process of Talaq which consists of a period of 3 menstrual cycles.
*This period is enough for the husband and the wife to think about all the consequences in case of divorce.
*And if even after that 3 months, they still proceed for the 3rd and the final divorce, then they are themselves responsible for Halala, and Islam should not be blamed for it.
*And the emergence of Nikah Tahleel is only the consequence of wrong Fiqh rulings about 3 divorces in one sitting<ref>[https://www.muslimink.com/society/family/tahleel-marriage-and-triple-talaaq/ Nikah Tahleel and 3 Talaqs in one sitting.]</ref>. For that, these Fiqhs are responsible and not Islam.
 
But the problem with this logic is:
 
*What is the guarantee that the dispute between the husband and the wife '''is going to be over within 3 months'''?
*Is it not possible that they need more time to learn their lesson? For example, what if the husband learns his lesson after 1 year that it was his mistake to divorce his wife? So, what could be done in this case?  In simple words, limiting this problem within 3 menstrual cycles is not a wisdom, but a blunder. Some people, sometimes need some more time to learn their lessons than the 3 months.
*Moreover, it has been seen that the disputes are also solved if the couples don't stay under one roof, but take a break from each other. In this case, one partner learns the lesson due to the separation of the children, while the other partner learns the lesson when he/she has to look after the children alone. But in an Islamic system of divorce, the wife is forced to stay in the house of her husband during the whole divorce process (which is about 3 months long), along with their children. This Islamic process of divorce is sometimes not enough for them to learn their lessons, especially not for the husbands who are allowed to enjoy the other women and slave-women during whole period.
*Human logic guides us that the pair should be given as much longer time as they wish/need to overcome their disputes and learn the lesson. This is always a much better option than any permanent separation in name of Halala.
 
Moreover:
 
*Triple Talaqs is not limited to the Hanafi Fiqh only, but all the 4 Sunni Fiqhs accepts that divorce does take place in case of Triple Talaqs in one sitting.
*These are only later coming few Zahiri scholars, who denied the Triple Talaq in Islam.
*Thus, for the last 1400 years of history of Islam, the triple Talaq and the resulting Halala is happening all over the Muslim world.
*And even without Triple Talaqs, still a lot of divorces take place in Islamic world, which follow the Quranic procedure of 3 menstrual cycles, but still many divorced women wish to return to their former ex-husbands.
 
==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes==
Moreover:
 
*Islam allows a Muslim owner to do sex with his slave-woman, and after fulfilling his sexual lust in temporary sexual relationship, he could forcefully marry her to any of his slave-man.
*But if the Muslim owner again wishes for her later, then Islam allows him fully to break the slave's family, and take her back again to have sex with her.
{{Quote|{{Bukhari|||5105|darussalam}}|وَقَالَ أَنَسٌ: {وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ} ذَوَاتُ الأَزْوَاجِ الْحَرَائِرُ حَرَامٌ إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ لاَ يَرَى بَأْسًا أَنْ يَنْزِعَ الرَّجُلُ جَارِيَتَهُ مِنْ عَبْدِهِ. </br>
Translation:</br>
Anas said: The meaning of the Quranic verse:  {وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ}  (Suran Nisa) is this that if the slave-woman of any person is in the Nikah of his slave, '''then he could take her back from his slave for himself (to have sex with her)'''}}('''Note''': There is a distortion in the English translation of Sahih Bukhari, as this tradition is present in the Arabic Sahih Bukhari, but the Muslim translator of Sahih Bukhari didn't translate it.)
 
This becomes a sort of 'double standards' here:
 
*On one side, there is a free man and a free woman, who want to again begin their family life along with their children, with each other's mutual consent, but this door is closed upon them in name of Halala.
*While on the -other hand, there is a slave-woman, who wants to live in a family life modestly with her slave-husband, but she is forced against her will, to leave her husband, and to to go to the owner, who rapes her again against her consent.
 
==Secular Western Laws vs Halala==
Secular western laws are totally opposite to Halala:
 
*Secular western countries have given equal rights to the women in case of divorce.
*They have also provided full protection to the women in case if their husband turn abusive.
*They accept it as a part of human nature that a wife could still love her ex-husband, despite the divorce (and vice versa).
*They value the mutual consent of both the parties the most. Thus they give the option of resolving the conflict between the husband and the wife internally, with their mutual consent.
*They give this opportunity to the pair to decide themselves, how long do they need to solve their disputes and to reconcile.


==References:==
==References:==
<references />
<references />

Latest revision as of 03:54, 29 December 2021

Remarriage to Ex-Spouse after the Divorce

According to Islam, if a man divorces his wife thrice, then he could not directly remarry her. But if the divorced woman marries another man, and he divorces her or dies, after that she is allowed to remarry her first husband. This ruling has been directly mentioned in Quran.

If a man divorces her again (a third time), she becomes unlawful for him (and he cannot remarry her) until she has married another man. Then if he divorces her there is no harm if the two unite again (by remarrying)
Quran 2:230

This affects the whole family, but especially women and the children are affected from it.

This was a practice of the Arab society of the pre-Islamic time of Ignorance, and Islam adopted it from there (along with the other related practices like only husband had the right to divorce, and the system of 3 divorces etc).

The logic behind this ruling was to "punish" the husband for divorcing his wife thrice. Nevertheless, this custom didn't take into consideration the miseries that it brought upon the woman and she was also punished even if she was innocent and didn't make a mistake.

This was the practice of the pre-Islamic era Arabs

This was a practice of the Arab society of the pre-Islamic time.

Actually, the whole "system" of pre-Islamic era consisted of[1]:

  1. Only husband had the right to give divorce, while the women didn't have this right.
  2. The 3 Talaqs (divorces) system[2] i.e. Husband was allowed to take his wife back till 2 divorces. But after the 3rd divorce, he was not allowed to take her back.
  3. But if he desired her even after the 3rd Talaq, then she had to first marry another man, and after the divorce from the 2nd husband, she could return to her former husband.

The logic behind this ruling was to "punish" the husband for divorcing his wife thrice. Nevertheless, this custom didn't take into consideration the miseries that it brought upon the woman and she was also punished even if she was innocent and didn't make a mistake.

ويظهر أن الجاهليين كانوا قد أوجدوا حلًّا لهذا الطلاق الشاذ، فأباحوا للزوج أن يرجع زوجه إليه بعد الطلاق الثالث، ولكن بشرط أن تتزوج بعد وقوع الطلاق الثالث من رجل غريب، على أن يطلقها بعد اقترانها به، وعندئذ يجوز للزوج الأول أن يعود إليها بزوج جديد.
It is apparent that the people from the era of Ignorance found a way to make their wives permissible (Halal) for them even after 3 divorces. Therefore, if the husband wanted to take her back, then that woman had to marry a stranger man on the condition that he would divorce her later. After this process had been completed (i.e. the divorce from the stranger), then the first husband was allowed to remarry her.
Dr. Jawad Ali, in his book "Detailed in the history of the Arabs before Islam" كتاب المفصل فى تاريخ العرب قبل الإسلام [جواد علي ]

Later, Islam also adopted whole of this system of the pre-Islamic era (i.e. only husband having the right to divorce + 3 Divorces + the ruling of wife having to marry another man before returning to the 1st husband).

Islam added another extra condition to this pre-Islamic era practice i.e. no contract of divorce could be made at the time of marriage with the 2nd man[3]. This means, if the 2nd husband likes her, then he could keep her for himself. It was intended to make the punishment even more "severe".

The logic was to compel the husband to think more carefully before giving the 3rd divorce, and it was also a warning for a woman to solve the dispute, and to make her husband happy before he divorces her the 3rd time.

Nevertheless, this extra condition brought even more miseries upon the Muslim women as compared to the women of the pre-Islamic era of ignorance. Also, the children were also more affected.

The time period for solving the disputes in the Islamic 3 Talaqs System

There are 2 ways of giving 3 Talaqs in Islam.

  1. A husband gives 3 Talaqs (i.e. divorces) to his wife in one sitting i.e. if he says "Talaq, Talaq, Talaq" (i.e. 3 times Talaq) to his wife at the same time[4], then the final irrevocable divorce takes place within seconds.
  2. A husband gives the 1st Talaq (divorce) after the wife becomes free of her monthly bleeding. Then he gives the 2nd after the 2nd menstrual bleeding. These first 2 Talaqs (divorces) are reversible and he could took her back. But if he also divorces her the 3rd time after the third menstrual bleeding, then it becomes the irrevocable divorce[5]. This procedure of Talaq takes about 3 months time.

In the first case, if a husband pronounces 3 divorces at once in anger, then there is absolutely no time left to solve the disputes. The whole family is destroyed within seconds.

In the 2nd case, the procedure of Talaq takes about 3 months time. Nevertheless, still there is no guarantee that the dispute between the husband and the wife is going to be over within 3 months. Some people, sometimes need some more time to learn their lessons than the 3 months.

Why a divorced Muslim couple still wants to reunite?

First Reason: The couple still love each other, despite the temporary anger and dispute

A divorce may occur due to many reasons (like temporary anger, inexperience of the young couple to solve their disputes, or family pressure, or financial situation etc.).

But all these factors could change with time, and they may be able to solve their dispute later.

Nevertheless, problem occurs for the divorced Muslim couples that they don't have any chance to correct their mistake later, and to reunite due to this Islamic ruling.

Second Reason: Preserving the family life for their children

In case of irrevocable divorce, both the partners have to live separately, and thus the children are also separated either from the father or from the mother.

In both cases, the family life of the children is destroyed.

Therefore, for the sake of their children, the divorced couples often wish to reunite later.

But again, due to this Islamic Ruling, the divorced couple get's no chance to correct their mistake and to reunite for the sake of their children.

Women especially feel themselves compelled to reunite with their ex-husbands

Another Islamic Ruling stipulates that[6]:

  • A woman will lose all of her children and they are separated from her if she marries any other man (except for her ex-husband).
  • Islamic Logic is that all the time of the wife (except of the prayers) belongs to the new husband. He could call her for sexual enjoyment at any time. But if children from the first husband are still there, then it hampers the right of 2nd husband to enjoy her. Thus, the children should be separated from her if she decides to remarry another person.

In an Islamic society, it is very difficult for a woman to survive alone. She has to face a lot of restrictions (like taking Hijab and not to make interaction with men). Thus, her life becomes really difficult to go outside of house, and then to find a good job, and then to work whole day there, and at the same time to look after her small children at home too. Thus, the easiest way for a divorced woman to survive in an Islamic society, is to remarry and get the financial support from the 2nd husband.

Thus, all the divorced Muslim mothers are badly affected and they are in a hard rock and hard place. They are practically "compelled" to choose one of the following options below:

  1. Their first option is to choose to stay with their children. But then they could not marry another man, and they have to give away their natural need of being loved by a man, and the financial support of a man, which is very much needed in an Islamic society.
  2. Their second option is to marry another man of their choice, in order to get the financial support and love from him. But the evil for them in this option is that all their children will be separated from them. And it is one of the most horrible thing for any mother to loose any or all of her children.
  3. Their third option is to remarry their ex-husband. In this case, they will get the financial support and love of a man, and children will also not be separated from her. Even if the she does not love the first husband, still getting the "financial support" from him along with the option of separation from her children is enough reason for her to wish to reunite with the former husband.

This is one of the main reason why Muslim women are very harshly and unilaterally hit by divorce, and they may feel themselves strongly compelled to return to their first husband (even if these women were totally innocent, and it was the fault of their husbands to divorce them). This is the "Only Chance" available for a Muslim woman in Islam to have a complete family life (which includes husband and her children).

Combination of This Ruling + Wife Beating + Wife not having the right to get her freedom through divorce

This Islamic Ruling does not affect the woman's life alone, but it works in combination of two other Islamic ruling (i..e Wife beating + A wife does not have the right to take divorce).

The combination of all three of them in action is found in the following Hadith:

Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by severe beating). It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, "I have not seen any woman suffering as much as the believing women (i.e. men were not beating their wives so brutally during the era of ignorance as they beat after Islam). Look! Her skin is greener than her clothes!" When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa`a (i.e. the first husband)." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"
Sahih Bukhari 5825 (Dar-us-Salam Ref)

Why this Sahabaia lady (i.e. female companion) made false slander of impotency against her 2nd husband?

From the Hadith of wife of Rifa`a, it is clear that either this Sahabia lady (i.e. female companion) was telling a lie about the impotency of her husband (and that too in front of Prophet Muhammad himself), or her 2nd husband was telling a lie when he claimed to not to be impotent.

Muhammad later declared that female companion to be a lair, while her 2nd husband already had 2 sons from another wife.

So, what compelled that female companion to come up with this lie of impotency of her husband?

Answer is, in case of impotency, she had a chance to get her freedom through an Islamic court. Here you could read about these rare cases, where an Islamic court could give freedom to the women through Faskh (i.e. dissolution of marriage).

Risks involved for the Muslim woman in the 2nd marriage:

This hadith of the wife of Rifa`a also makes clear about the huge risks and the severe consequences that a woman could face in case of marriage with the 2nd husband.

Even if a woman marries with the intention of divorce to the 2nd man, still there is a huge risk for her that the 2nd husband would not grant her freedom by giving her divorce as it is solely his right according to Islam. A Muslim woman could not get her freedom even through Khul' in Islam, as Khul' is also the right of the husband in Islam and no Islamic court could compel him to set her free.

Even more risk is involved for her that Islam also allows the 2nd husband to beat her severely in order to make her submissive, so that she provides him with the sex-services properly.

This beating could be so severe that she could even get the bruises all over her body. Even 'Aisha was complaining and testifying that the women in the pre-Islamic era were not beaten so brutally, as the Muslim women were being beaten by their Muslim husbands.

Love and desire to reunite with the first husband is "natural" despite the irrevocable divorce

This hadith of wife of Rifa`a also proves that love is natural, and desire to return to him is also natural and no irrevocable divorce could end this love and desire.

And if a Sahabia (female companion) lady was unable to control over her love and desire for the 1st husband, and if she was ready to come up with false slanders to achieve her desire, then it could not be expected from the women of today to not to love their ex-husbands and not to make such false moves in order to achieve their true desires.

Two houses and two families are going to be destroyed due to the restriction upon the love

This hadith of wife of Rifa`a also proves if religion is going to curb the love, and even succeeds in compelling her to marry another man, then still two families are going to be destroyed.

The house of first husband is going to be destroyed, while the children are without the mother. And the house of 2nd husband is going to be destroyed while there is no peace there and this house becomes the the center of beating of the woman.

Therefore, it is not only the woman, but the children and the whole two families are going to pay the price of this restriction.

Halala (Tahleel Marriage)

In Halala (or Tahleel Marriage), the 2nd marriage tooks place with the intention of later giving divorce to the woman, so that she could become lawful (Halal) for her former husband to marry her again.

There is a difference of opinion in different Fiqhs regarding the 2nd marriage with the intention of divorce[7]

  • Hanafi and Shafi'i Fiqhs allow a woman to marry a 2nd man with the 'intention' of taking divorce later, and to remarry her first husband. That is why, we see 'Halala Centers' in the Islamic countries, and even in the western countries too where Muslim population resides.
  • While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, practically all the doors are shut for a woman to reunite her children and the former husband.

References:

  1. ↑ Divorce during the pre-Islamic era of Arab.
  2. ↑ Triple-Talaq
  3. ↑ No contract of divorce could be made at the time of marriage in Islam.
  4. ↑ Three Talaqs in one sitting.
  5. ↑ Quranic way of giving divorce.
  6. ↑ Woman looses the custody of children if she remarries. www.Islamweb.net Fatwa Site.
  7. ↑ Intention of Divorce makes Tahleel Marriage invalid. Islamqa.com
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