Importance of upholding the sanctity of marriage

Nikah is a sacred institution in Islam. It is an act of worship that is conducted and concluded with the sacred name of Allah Ta’ala. It is a beloved Sunnah of our Nabi Muhammad (sallallahu alayhi wa sallam). Couples embarking on a marriage must educate themselves on its importance. The spouses must be alive to the factors that can be harmful to the marriage and could lead to breakdown and termination. The spouses must always maintain the respect and sanctity of the marriage by honouring their pledges through piety and good conduct.

In the event of a marriage becoming problematic, all options must be exhausted to ensure that due processes are adopted to safeguard the marriage from disintegrating. Should the situation necessitate a divorce, it should be done under the supervision and guidance of reputable Ulama.

Islamic law is divine and sacrosanct

Before understanding the concept of halalah, one must keep in mind that the laws of Shariah and Islam are derived from divine sources. Allah Ta'ala is All Wise, All Knowing and every decree of Allah Ta’ala is filled with justice and wisdom. The true wisdom and benefit of the laws of Allah Ta'ala can never be fathomed by the human mind due to its limitations. As servants and believers we are required to embrace the commands of Islam without any reservation or doubt, even if we do not understand the rationale or wisdom.

One divorce suffices for a termination of Nikah

In Islamic law, divorce is effected when a man issues his wife with a Talaq (Islamic term for divorce). Generally, one irrevocable divorce suffices to terminate the marriage allowing both parties to move forward. There is no need to issue more than one divorce for termination. If the husband divorces his wife with 3 Talaqs (issued all at once or separately), then the marriage terminates irretrievably and irrevocably. This is known as a Talaq Mughallazah (divorce with 3 Talaqs). In a three Talaq divorce it is unlawful for the husband and wife to reconcile or remarry each other unless halalah takes place.

What is halalah

Halalah literally means to make something pure and lawful. Halalah is a process whereby a woman issued with 3 divorces becomes lawful to remarry her ex-husband after being prohibited due to being divorced thrice.

The concept of halalah is mentioned in the Quran Shareef in Surah Baqarah, verse 230 and in many Ahadith. In brief, the wife shall only become lawful for her husband who has issued her with three talaqs, is when she, after observing her Iddah, marries another man and consummates her marriage with him. If such a woman is then released from this second marriage or the Nikah terminates through death or divorce, then after observing her Iddah of Talaq or demise, she will be permitted to remarry her first husband by mutual consent with a new Nikah.

Halalah process must not be arranged

It is imperative for the process of halalah to be unarranged and unplanned. The process should undergo the normal cause of events where the woman marries a man and in the cause of events is released from the marriage after consummation. Should the halalah be undertaken with an open deliberate intent and planned outcome of making the woman eligible for marriage with her previous husband, then such a union and act is accursed (devoid of blessings and goodness).

Islam guards the honour of women

Whilst outwardly it may seem harsh on the couple to make halalah a requirement for them to remarry after 3 Talaqs, however, Islam seeks to uphold the sanctity of Nikah and to protect the honour of women. The act of Nikah and Talaq cannot be trivialised. The underlying wisdom of the laws of Islam would be best achieved through embracing them with conviction rather than our logic and limited thinking and understanding. The parties should reflect over the marriage and causes that led to the marriage breaking down with 3 divorces which is a serious consequence in Islam. Talaq in Islam is not looked upon lightly, and to exhaust the maximum number of Talaqs in a relationship is something that should be averted at all costs.

Hence, a woman who was divorced with three Talaqs by her husband, undergoes the process of halalah in the correct manner, will be permitted to reunite with her previous husband by performing a fresh Nikah.

Darul Ihsan Social Department