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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.
Islam critics deem this practice to be illogical.
*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 woman marries another man.
* It takes away the chance from the couple to reconcile later, and to correct their mistake.
#And then that 2nd husband also tastes her (i.e to consummate the marriage).
* And it is the woman and the children, who have to suffer mainly.
#And if that 2nd husband also divorces her, only then she becomes eligible to remarry her former husband.
* It combines with another Islamic Ruling of Talaq in Islam i.e. if a divorced woman marries another man, then all her children will be taken away from her immediately.  
* Therefore, every divorced Muslim woman is compelled to choose between the two options i.e.  either she should give her right to remarry another man, or she should giver her right to have children. In both these cases, a family life of divorced Muslim woman (i.e. to have a husband and children at the same time) is broken.  
* The only way for a divorced Muslim woman to enjoy the love and financial support of a man, and at the same time to keep her children, is to remarry her first husband. But again this door has also been shut for her due the Islamic Ruling that she could not remarry her ex-husband directly.
* Children will also certainly loose either their father, or their mother in this case.  


The controversy is, if Islamic Halala brings any benefit to the couple and their children, or it brings harm to them.
==This Islamic Ruling was taken from the pre-Islamic era of Ignorance==
ٰIslam took the following practices of the era of Ignorance of the Arab society<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>:


==Halala was a practice of the pre-Islamic era of Ignorance==
* Talaq was only the right of husband, while women din't have this right.
Dr. Jawad Ali wrote:
* The 3 Talaqs system was also a practice of pre-Islamic era.
* A Husbands was allowed to take his wife back up till after the 2 Talaqs.
* But after the 3 Talaqs, the wife became prohibited for him, till the time she married another person, who later divorced her. Only after that, the former husband could have married her ex-wife back.
 
For the people of time of ignorance, it should serve as a punishment for the husband that any other man also tasted his wife (i.e. had intercourse with her). But they didn't consult the women, if they wanted to be used in such a way or not, while women had a lower rank and they were not worthy of consultation.  
{{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.}}
{{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.  
Later, Islam also made it a part of Islamic Sharia too.
 
==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:{{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.
Nevertheless, Islam made it more difficult for the couple to reunite, by putting a condition that no contract could be made with the 2nd husband at the time of marriage, that he would later divorce her. This practically ended (or severely limited) the chance of reunion between the the first husband and the wife.
*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==
==Why Muslim women still wish or even feel themselves compelled to go back to their ex-husbands?==
Many divorced Muslim women wish (or even feel themselves compelled) to undergo the process of Halala in order to reunite with their ex-husband.  
Many divorced Muslim women wish, or even feel themselves compelled, to reunite with their ex-husband.  


The reasons are as under.  
The reasons are as under.  


===First Reason: She still loves her ex-husband despite the temporary anger===
===First Reason: The couple still love each other, despite the temporary anger and dispute===
According to the human nature:
A divorce may occur due to many reasons (like temporary anger, inexperience of the young couple to solve their dispute, or family pressure, or financial situation etc.).  
 
*Humans have both love and anger in their nature.
*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:
But all these factors could change with time, and they may be able to solve their dispute later.


*Their "mutual love" and "mutual consent" should be the reason enough to allow them to remarry.
Nevertheless, problem occurs for the divorced Muslim couples that they don't have any chance to correct their mistake, and to reunite due to this Islamic Ruling.
*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.
*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.


===Second Reason: Preserving the family life for their children===
===Second Reason: Preserving the family life for their children===
Line 53: Line 46:
*And thus the children are also separated either from the father or from the mother.
*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.
*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.
*Therefore, for the sake of their children, the divorced couples may 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.  


===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)===
===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)===
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>:
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>:


*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).
*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).
*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.
*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.
 
*Thus, all the divorced Muslim mothers are affected and they are in a hard rock and hard place due to the "combination" of these 2 "Islamic Rulings".  
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:
*They either have to deny the financial support and their wish to have love and attention from another husband, or to deny her children.  
 
*Only option for such divorced Muslim mothers to have a complete family life (along with love from any man and children), is to return to her former husband.  
#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.
#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==
There are three big risks involved in Halala for a woman.


#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).
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).  
#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>.
#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==
Nevertheless, this "Only Chance" has also been usurped by religion from her. Even if she wishes to reunite with her ex-husband for the sake of family life and her children, still she has to take many "risks".  
Halala does not come alone. In another combination, it affects the women as under:


#Halala
==Combination of This Ruling + Wife Beating + Wife not having the right to get her freedom through divorce==
#Wife Beating
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).  
#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:
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:
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