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*And it is the woman, who has to suffer, even if she is totally innocent and the divorce was totally the fault of the husband. | *And it is the woman, who has to suffer, even if she is totally innocent and the divorce was totally the fault of the husband. | ||
*And even if she is ready to undergo all these sufferings of Halala, still there is no guarantee that the 2nd husband is going to give her freedom by giving her a divorce later. In this case, she is stuck for her whole life with her 2nd husband and not able to reunite with her children and the family and the former husband. Thus, Halala comes with extreme risk factor for the women. | *And even if she is ready to undergo all these sufferings of Halala, still there is no guarantee that the 2nd husband is going to give her freedom by giving her a divorce later. In this case, she is stuck for her whole life with her 2nd husband and not able to reunite with her children and the family and the former husband. Thus, Halala comes with extreme risk factor for the women. | ||
==Halala was a practice of the pre-Islamic era of Ignorance== | |||
Dr. Jawad Ali wrote: | |||
{{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== | ==Halala Ruling didn't come from Hadith/Fiqh, but directly from Quran== | ||
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*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. | *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== | |||
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. | |||
==Muslim women still | |||
The process of Halala brings a lot of shame and | |||
The reasons are as under. | The reasons are as under. | ||
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==What is the LOGIC behind Halala?== | ==What is the LOGIC behind Halala?== | ||
Islam has been severely attacked on the issue of Halala, and questions are asked: | |||
*What is the logic behind Halala? | *What is the logic behind Halala? | ||
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*And how Halala is going to secure the interests of the children? | *And how Halala is going to secure the interests of the children? | ||
Islam advocates | == Defences of Halala by Islam advocates == | ||
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=== | ||
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>. | 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>. | ||
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*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. | *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. | ||
*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 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. | *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 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 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 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)? | *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=== | ||
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>: | 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>: | ||
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*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. | *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. | *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 | *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 === | |||
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>. | |||
Islam advocates claim that: | * 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. | ||
This argument triggers a response by two parties. | |||
First one are the Hanafis, who say that<ref>[https://islamqa.org/hanafi/muftisays/9587/halala/ Hanafi Fatwa Website]</ref>: | |||
* 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. | *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. | *This period is enough for the husband and the wife to think about all the consequences in case of divorce. | ||
*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 it. | *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: | 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'''? | *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 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 is sometimes not enough for them to learn their lessons. | *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. | *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. | |||
==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes== | ==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes== | ||