The Holy Qur’an expounds :
“Divorce may be pronounced twice; then the wife may either be kept back in fairness or allowed to separate in fairness.” (Qur’an 2 : 229)
“So if a husband divorces his wife (for a third time), he cannot, after that remarry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them if they re-unite, provided they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who know”. (Qur’an 2 : 230)
“And so, when you divorce women and they reach the end of their waiting term, then either retain them in a fair manner or let them go in a fair manner. And do not retain them to their hurt or by way of transgression; whosoever will do that will indeed wrong himself…. ” (Qur’an 2 : 231)
This specific question relates to divorce and marriage in many respects as we know that divorce is permitted in Islam.The Prophet pbuh said:“Among lawful things, divorce is most hated by Allah.”(Abu Dawud).
However, Divorce in Islam is permitted as a last resort if it is not possible to continue a marriage. As the sanctity of marriage depends on the relationship between husband and wife which brings the goodness and tranquillity of mind but if the condition becomes worse, if there is no option except to separate from each other then Islam gives both parties the opportunity to instigate this. For instance, if the man wishes to end the relationship, this it is called ‘Talaq’ (verbally or written during a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her) and if woman then ‘Khula’.
The three different types of Talaq
They are as follows:
▪︎ Talaq-e-Raj’i – RevocableDivorce
▪︎ Talaq-e-Ba’in – IrrevocableDivorce
▪︎ Talaq-e-Mughallazah/ Bedai (Biddah) Talak – IrrevocableDivorce
If a man pronounces talaq (either 1st or 2nd at different situations and times) post each talaq woman is given a period of 3 months which is called iddah/iddat in which man can reconcile their marriage. If within 3 months of each Iddah, the man reconciles then the marriage continues and pronouncement or Tajdeed-e-Nikah or New Nikkah is not required instead it is called as talaq rajaee/طلاق رجعی.
If either after 1st or 2nd ‘talaq’ the man wants to reconcile however the woman’s Iddah has been completed then willingness for reconciliation alone is not sufficient but the pronouncement of تجدید نکاح/ Tajdeed-e-Nikah/New Nikka i.e is required and is called Talaq bayan/ طلاق بائن to become a legal couple and restart their marriage. The time validation of man’s reconciliation is open till the time the woman remarries someone else.
If man does not want to reconcile after woman’s Iddah is completed then post either 1st or 2nd ‘talaq’ situations it will be considered as Talaq/Divorce. The man and the woman are then free of their choices.
However, If a man pronounces 3rd ‘talaq’ then the marriage is irrevocable and the divorce is permanent. On pronunciation of 3rd talaq the marriage contract comes to an end. The woman will not be Halaal for the man in any way. She completes her iddah this time however man’s reconciliation during or after iddah is not possible. Iddah (3 months) is a long period and process for both the parties to get through and there is a chance of reconcilation if possible only in the earliest stages (after two pronounced talaq period).
In due course of time, if the husband’s divorced wife now his ex-wife marries another man (not with intentions of a contractual marriage), consummates the marriage and leads a married life. In case, this marriage also ends either in divorce or the husband dies and she becomes a widow then it is permissible for the earlier husband to remarry her, if he wishes. This is the subject of remarriage. That way her first husband will be Halaal for her.
The relevant point here is that a Halala cannot be planned in advance, as a Nikah between her and the second husband with an intentional understanding of a divorce afterwards will not be valid. If she does so, it will be an illegitimate relationship with the second husband and with the first husband also with whom she comes to live after a pre-planned Halala.
The Prophet (Pbuh) has cursed both such men who perform Halala and for whom Halala is performed. The second Caliph Hazrat Umar ruled during his reign that he will punish them by stoning to death, those who perform a pre-planned Halala.
It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter will divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from ‘Ali, Ibn Mas’ud, Abu Hurayrah and ‘Uqbah ibn ‘Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim /Nasa’i/ Musnad Ahmad/ Al-Muwatta’/ Abu Da’ud)
If someone marries a woman to make her Halala (for her ex-husband) and then wants to keep her as wife, he is not permitted to do so unless he solemnises a Nikah afresh, as the previous Nikah was unlawful. (Scholar views on Halaala)
Coming back to the Halala finally the mis-practice is that where they would arrange a marriage of convenience for the women knowing that she was unlawful for the man at that time after the third divorce so marriage of convenience just for the purpose of her going through a divorce so that she could marry her first husband again. So this is what Halala is and it has been called an accused practice by the holy prophet SAW so it is something that is totally not permitted in Islam. This is an evil practice that Islam does not allow in any form or shape.
The word ‘Triple Talaq’/ ‘Talaq-e-Mughallazah’ refers to the pronouncement of the word ‘Talaq’ 3 times consecutively at a given single sitting. There are different schools of thoughts on this. Although this practice is forbidden however if pronounced it is still effective. Some scholars consider triple talaq as a single talaq out of the 3 talaq. However, some consider triple talaq as the talaq given thrice at different sitting as 1 single permanent Talaq/Divorce.
After pronouncement of Triple Talaq there is no chance of reconciliation from the man unlike Talaqe Raji’ and Ba’in where the door of reconciliation is left open. The marriage contract post Triple Talaq ends with immediate effect. The woman separates from the man and his house.
Allah knows the best.
Islamic Gems 