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Is Nikah Halala Haram?

Published in Islamic Law 3 mins read

Yes, nikah halala is haram (forbidden) according to the hadith of Islamic prophet Muhammad.

Understanding Nikah Halala

To understand the ruling, it's important to first define the terms involved.

Definition of Terms

Based on the provided reference, the terms can be broken down as follows:

Term Meaning
Nikah Marriage
Halala To make something halal (permissible)

Nikah Halala, therefore, refers to a specific type of marriage arrangement intended to make something permissible. In the context it's discussed, this usually relates to a woman who has been irrevocably divorced (often through triple talaq) and wishes to remarry her former husband. According to some interpretations of Islamic law, after an irrevocable divorce, the couple cannot remarry unless the woman first marries another man, consummates that marriage, and is then legitimately divorced by him or becomes widowed. Nikah Halala is a controversial practice where a temporary marriage is entered into with the sole intention of fulfilling this condition to make remarriage to the first husband permissible.

The Islamic Ruling on Nikah Halala

The core question is whether this practice is acceptable in Islam.

Why it is Forbidden

As explicitly stated in the reference, this form of marriage is haram (forbidden) according to the hadith of Islamic prophet Muhammad. Hadith are sayings, actions, or approvals of the Prophet Muhammad, serving as a crucial source of Islamic law after the Quran. The prohibition indicates that a marriage entered into with the predetermined intention of divorce, specifically to facilitate a former marriage, is considered invalid and sinful in the eyes of mainstream Islamic scholarship, viewing it as a circumvention of divine law.

Context and Practice

The reference notes that Nikah Halala is practiced by a small minority of Muslims. It is mainly found in countries that recognize the practice of triple talaq (pronouncing divorce three times in one sitting), which often results in an immediate, irrevocable divorce. The controversial nature of triple talaq and the subsequent need for Nikah Halala (under certain interpretations) have led to significant debate and legal challenges in various Muslim-majority countries and communities.

In summary, while the term "halala" means to make permissible, the specific practice of Nikah Halala—a temporary marriage solely to enable remarriage to a former spouse—is widely considered forbidden based on prophetic traditions.

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