Halala in Muslim Law
Halala in Muslim Law
1. What is Halala?
Halala is a concept in Muslim personal law related to divorce (Talaq) and remarriage.
It refers to the practice where a divorced woman must marry another man, consummate the marriage, and then get divorced by him before she can remarry her former husband.
This arises after a “triple talaq” (talaq pronounced three times), which irrevocably ends the marriage.
The purpose is to prevent misuse of instant triple talaq and to ensure that reconciliation is not done impulsively.
2. How Does Halala Work?
When a husband pronounces triple talaq (Talaq-e-Bid’ah), the marriage is terminated immediately and irrevocably.
The divorced woman cannot remarry her former husband unless:
She marries another man.
That marriage is consummated.
That husband divorces her or dies.
Only then can she lawfully remarry her first husband.
3. Religious & Legal Basis
Halala is derived from interpretations of the Quranic injunctions (Surah Al-Baqarah, 2:230).
It acts as a deterrent against the misuse of instantaneous talaq.
Some scholars argue Halala prevents impulsive divorces and promotes seriousness in marital decisions.
4. Legal Status and Controversies
The practice of “Halala marriage” arranged just to make the woman lawful to remarry her first husband is widely criticized and considered immoral and exploitative.
It is not encouraged in Islam to make a sham marriage just to circumvent divorce rules.
In India, the Supreme Court and various judgments have condemned misuse and exploitation involved in Halala.
5. Important Case Law
Shayara Bano vs. Union of India (2017)
The Supreme Court declared instant triple talaq unconstitutional.
Though Halala was not the main focus, the judgment questioned the practices stemming from instant triple talaq, indirectly impacting Halala.
Emphasized protection of Muslim women’s rights and dignity.
Daniel Latifi vs. Union of India (2001)
The Supreme Court upheld the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Though not directly about Halala, the Act regulates maintenance after divorce, safeguarding women’s rights post-divorce.
Talaq-e-Biddat cases (various High Court judgments)
Many courts have ruled against arranged Halala marriages for the sole purpose of circumventing divorce laws, condemning them as contrary to the spirit of Islamic law.
6. Summary
| Aspect | Explanation |
|---|---|
| Definition | Remarriage and consummation with another man before remarrying former husband after triple talaq |
| Purpose | Prevent misuse of instant triple talaq |
| Religious Basis | Quranic injunction in Surah Al-Baqarah |
| Legal Status | Allowed as per Islamic law but misuse condemned |
| Case Law | Shayara Bano (2017), Daniel Latifi (2001) |
7. Conclusion
Halala is a restrictive measure in Muslim law ensuring that irrevocable divorces are not taken lightly. However, the practice of arranging a fake Halala marriage is discouraged and often criticized legally and socially. Recent legal reforms have sought to protect women from exploitation linked to talaq and Halala.
RELATED Blog
0 comments