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Halala (Tahleel Marriage نكاح التحليل)

Halala is a Sharia Ruling, according to which^[1]:

• 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.
• 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^[1]:

1. the woman first has to marry another man.
2. And then that 2nd husband also has to taste her (i.e to consummate the marriage).
3. And if that 2nd husband also divorces her, only then she becomes eligible to remarry her former husband.

Islam critics objects that:

• If a husband says 3 times Talaq to his wife in state of anger, then it destroys the whole family in one second.
• And it is the poor woman, who has to pay the cost of this illogical ruling, even if she is totally innocent and the divorce was totally the fault of the husband.
• For the love and sake of her children and family, if she wishes to remarry the husband, then Allah snatches away this option from her, and forces her to be 'raped' first from another husband in name of 'Halala'.
• Thus, Islamic Halala is against the human logic and wisdom. Thus it could never be from a divine being, who is claimed to be "All-Wisest".

Halala Ruling didn't come from Hadith/Fiqh, but directly from Quran

Halala is not a Hadith/Fiqh discussion, but a 'Unanimous Ruling', which came from the Quran directly:

Therefore, no Muslim jurist every denied Halala. The only difference occurs in secondary details that^[2]:

• 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, you will see lot of '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.

Combination of 3 Islamic Rulings against the women in Halala

Islam critics point out that Halala does not come alone, but it is the combination of 3 Islamic Rulings which make life miserable for a woman. These are:

(1) Halala:

Halala is nothing, except this that Islam is forcing woman to let herself get raped by another person in order to fulfil her wish to start her family life with her children and husband again.

(2) Divorce (or even Khul' خلع) is not the right of the women:

In Islam, a woman has not right to get her freedom in any case (either through divorce, or even through Khul').

Yes, even Khul' is also not a right of woman, but again it is the right of the man. In Islamic Khul', a woman tries to get her freedom by offering ransom money to her husband. If the husband agrees, then he takes the ransom money and divorces her. But if he rejects the offer of the ransom money, then woman has absolutely no possibility to get her freedom.

Please read out full article upon Khul' for more details.

(3) Husbands are fully allowed to beat their wives brutally in every matter

Third problem is that Islam allows the husbands to beat the wives brutally, even with bruises, but still the wives are not allowed to get divorce or Khul' through the Islamic courts. Wives could only divorce through the Islamic courts, if husband breaks any part of their body (like bones) during the beating.

In Halala, all these 3 Islamic Rulings combine with each other and make the life of the women miserable.

You could see the combination of all three of them in action in the following Hadith:

The Islam critics point out that this tradition presents the combined oppression of these 3 Islamic Rulings at the same time.

• Firstly, you could see in this hadith the husband beat her so brutally that her skin became green, but she was 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. No Islamic court is allowed to give her her freedom (except that any part of her body is broken during the beating). And Khul' is also the right of the husband in Islam, and not of the wife.
• Even if the sole mistake is of the husband himself, and even if he is an abusive bad-tempered person, still Islam gives no chance to the woman to get rid of him and save herself from such beating. Islam compels the woman to live whole of her life with this abusive husband.
• And 'Aisha was herself testifying 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 Halala in action in this hadith too, where that Lady loved her first husband (or perhaps she wanted to go back to him for the sake of her children), but Islamic Halala prohibits it and snatches away this right from her.
• And the woman is in great risk and danger, if the 2nd husband proves to be an evil person, that he will abuse and beat her for rest of her life, and will never giver her freedom through divorce. He will rape her against her will, and if she shows some laziness in providing the sex services to him, then he has the full right to start beating her like a wild beast and make her skin green and full of bruises.
• And here not only family is destroyed, but both the families are destroyed. The house of first husband is destroyed and the children are without the mother. While the house of 2nd husband is the center of beating of the woman.
• The children from the first husband are certainly going to be disturbed to see their mother to be tortured in this brutal way.
• And after the 2nd husband has sex with her, then certainly it will lower her status and value in the eyes of the 1st husband, and he could not love her as before. Especially, when Islam has also done this brainwashing too in the name of Ghayrah. (Ghayrah (Arabic: غَيْرَة‎) means a person's dislike of another's sharing in a right (which belongs to the former). Whole Muslim society think bad about such Halala women.
• And how Halala is going to solve the problems between the husband and the wife? Therefore, the reasons (due to which they separated) are not automatically going to be solved due to Halala. Why then to make the life difficult for the husband and the wife and their children by imposing Halala upon the wife?
• 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 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 article for more details. In this whole process, man is totally free to enjoy his other wives and slave-women and he does not have to face a single difficulty.

Moreover, Islam critics say that:

• How could then it be said that Allah 'justly' gave rights to the women too as compared to the men, and he has not done injustice against the women?
• And thanks to the western non-Islamic countries, who gave equal rights to the woman.
• And thanks to the West, who called the beating of wife by the husband to be a "Crime" and an "Abusive Marriage", otherwise Muhammad legalised the "abusive marriage" and made it the part of Islamic Sharaih, which is against the humanity.

Islam advocates: The husband and the wife had to think about the consequences during the process of 3 Talaqs

Islam advocates claim that 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. And if after that, they still proceed for the 3rd and the final divorce, then they are themselves responsible for Halala, and Islam should not be blamed for Halala.

While the Islam critics point out that:

• 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? Now tell us, what could be done in this case? In simple words, if Allah/Muhammad are limiting this problem within 3 months, then Allah/Muhammad are not showing any wisdom, but this is a mistake and a blunder.
• 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. But in Islamic divorce, the wife is forced to stay in the house of her husband during the whole divorce process (which is about 3 months long).
• Next Islamic injustice against the women is this Islam ruling if she remarries, then all the children will be taken away from her, and the first husband will automatically get the custody of all them^[1].
• And what if the wife is totally innocent, and the whole mistake was of the husband, and he still divorced her? (Note: Wife could neither divorce in Islam nor take Khul') But the wife still loves her husband, and her children from him, and want to return to him? What is the logic of Islam to close this door for her and to force her to undergo the shame of Halala in order to fulfill her wish? It is totally 'natural' for a woman to wish to return to her first husband/love, and when Islam forbids it, and makes the life miserable for the wife (even if she is innocent), then Islam is not a religion of Nature, but it is against the Nature.

A Muslim Owner could destroy the family of his slave-woman and do Halala with her as many times as he wishes

Islam critics point out that:

• Islam allowed the Muslim owners to rape the slave-women, and after fulfilling their sexual lust in Mut'ah type temporary sexual relationship, they forcefully married her (against her will) to any of their slave-men.
• But if the Muslim owner again wished for her, then Islam fully allowed him to break the slave's family, and take her back again to rape her at any time.

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, but he neglected it.

Islam critics claim that Islam is showing 'double standards' here:

• On one side, there are free man and woman, who want to again begin their life with their mutual consent, but Allah/Muhammad close this door upon them and their children and their family without any logic and wisdom.
• While on the -other hand, there is a poor slave-woman, who want to live in a family life modestly with her slave-husband, but against her will she is forced to do Halala by leaving her husband, and to to go to the owner, who rapes her again against her consent.

Islam critics point out that "Humanity" within us guides us clearly that:

• Halala is illogical.
• It is against the human nature.
• This is not justice with the woman, but a great injustice against her.
• A woman is not getting any protection through this ruling of Halala, but contrary to it, she is loosing her protection.

Moreover, Islam critics claim that:

• Western Secular countries never claimed to be 100% PERFECT like Allah, but still they have tried to give women the "equal rights", and to do justice with them, and not to oppress them in any case.
• Western laws are providing full 'protection' to the women from any injustices.