Guest Post - Is Nikah Halala Mentioned in the Quran?

Nikah Halala also known as ‘Tahleel Marriage’ is a practice in Islamic personal law that requires a woman to marry and consummate her marriage with another man in order to remarry her first husband. In Islam, the word ‘Halala’ finds its roots in the word ‘halal’ which translates to something that is permissible, and therefore lawful. In the context of marriage it means that a divorced woman can become ‘halal’ (lawful) for her husband again after Nikah Halala is complete. But how does a woman become ‘haram’ (forbidden) to a person?

After pronouncing talaq the husband can, within the three-month iddat period, cancel the divorce through spoken words, or by establishing physical relations. If, however, he fails to do either of these within the iddat period, and has a change of heart afterwards, he may get back together with his former wife by entering into a fresh nikah contract, with a renewed mehr for her. The two can become husband and wife again without the wife having to marry another man first.

The same is applicable for the second time a man divorces his wife as well; they can still get married for a third time without any third-party intervention.

Quran’s chapter Surah al-Baqarah, verse 2:229 says

“Divorce is twice. Then, either keep (her) in an acceptable manner or release (her) with good treatment…

Islam makes the first two divorces revocable but if the intention to divorce is repeated a third time, the divorce becomes irrevocable. In this case, the couple does not have the option of having a change of heart. The woman becomes ‘haram’ (forbidden) for her former husband and is left to choose another partner. Should she marry again, and should she, by chance, become a widow or divorcee after consummating her marriage with the second husband, she is free once more to choose another husband. In such a situation, the first husband is allowed to be a prospective suitor as well. Under these circumstances, she becomes ‘halal’ for him once again. 

 

Quran’s chapter Surah al-Baqarah, verse 2:230 says

“And if he divorced her (for the third time), then she is not lawful to him afterward until (after) she marries a husband other than him. And if the latter husband divorces her (or dies), there is no blame upon the woman and her former husband for returning to each other if they think that they can keep (within) the limits of ALLAH…”

According to a Hadith, transmitted through Ali, Uqbah ibn Amir and Abu Huraira, the Prophet announced his curse upon those who arrange as well as those who agree to enter into such kind of a marriage. Abu Dawood in the same Hadith also narrated that the Prophet had declared, “Allah has cursed the muhallil (one who marries a woman and divorces her so that she can go back to her first husband) and the muhallal lahu (first husband).”

Present Day Scenario

This custom of a woman not being able to remarry her former husband after he has divorced her for the third time was introduced to ensure that a man does not divorce his wife in a fit of temper.  But over a period of time, this practice, which was supposed to be an empowering one, giving women the right to remarry another person, has been misused to further oppress women. The evil practice of Nikah Halala has not been sanctioned by the Quran or the Hadiths but is still prevalent in modern day India and the victims are always women, more often in rural than in urban areas. This is a gross violation of women’s right to marriage. The practice of Nikah Halala is purely a man-made procedure which violates the right of a woman and her dignity to live an equitable life. In present-day India, a woman is pushed into this practice wherein usually a Qazi makes money by arranging a temporary husband or by sometimes even stepping in as a proxy himself. Ziya Us Salam in his book titled ‘Nikah Halala’ describes how frequently money becomes a part of this transaction, by drawing a parallel between prostitution and Nikah Halala,

Need for Legal Safeguards

As of now there are no legal safeguards in place. However there is definitely a need for a comprehensive legal framework for the protection of women who might get duped into participating in the evil and non Islamic practice of Nikah Halala. That being said, there is a much higher need for social awareness and genuine women empowerment, where the women are made aware of their rights so that they are not tricked into sham marriages in the name of ‘halala’.

Conclusion

To answer the question posed in the title, it can be said that Nikah Halala though mentioned in the Quran was not introduced as a mala-fide practice; instead it was simply stated as a rule, which did not involve the intention of divorcing the second husband merely to go back to the first. The present-day scenario has converted this mere rule into a prevalent practice with mala-fide intention.

This article seeks to communicate that the Holy Quran, although open to interpretation, did not and would not plot to punish a woman for her husband's acts. It was not the Quran which granted this abusive power against woman rather it was men who manipulated its ways to make women suffer for their benefits. It can be said that Nikah Halala is a product of illiteracy, unawareness and patriarchy that makes the woman a victim.

By,

Nalini Maheshwari

(III B.A. LL.B., ILS Law College, Pune)

References:

1. The Qur’an, 2:229, 2:230.

2. Book - Ziya Us Salam, Nikah Halala: Sleeping with a Stranger (2020).

3. Sunan Abi Dawood, Book of Marriage (Kitab Al-Nikah), Hadith 2076.