Nikah Halala is a law that requires a woman to marry and sleep with another man in order to return to her first husband. It is a practice intended to curb the incidence of divorce, under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced and observing a separation period called ‘Iddat’ before coming back to him.
According to the rules of Islamic marriage, if a man divorces his wife, she cannot remarry him unless and until she marries another man and this new husband divorces her, or she becomes a widow.
Does the Quran permit this?
Passage 2:230 in the Quran states “And if he has divorced her for the third time, then she is not lawful to him afterward until 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. These are the limits of Allah, which He makes clear to a people who know.”
Halala means making something lawful which is currently unlawful. Halala marriage makes the divorced wife lawful to the former husband, after she had become unlawful due to the three-time divorce.
In simple words, if talaq is pronounced for the third time, then for a possible reconciliation, the woman has to marry someone else, consummate the marriage and then only remarry her previous husband,” she said.
Now, sexual intercourse is an important part of this custom as only if the second husband dies or divorces her after sexual intercourse then after completing the Iddat period, she can re-marry the first husband. But, if the second husband died or divorced her before consummating the marriage, then it will be of no account and she cannot marry the first husband.
Husband for a night
Many women are taken advantage of and asked to pay large sums of money for a sham of a marriage. An India Today investigation revealed how religious scholars charge around Rs 20,000 to even Rs 1.5 lakh in exchange of the controversial practice.
Not only is it biased towards women, but it’s also unconstitutional.
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