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What is Halala?
The way Halala is practiced today is nothing but a fraud in the name of religion. It is, to say the least, institutionalizing degradation of women, which The Qur'an intensely detests. Some of the instances of its being sanctioned, nay ordered, by the so-called scholars speak volumes about the ignorance and lack of common sense of the men who occupy the seats of justice there. Far from sanctioning such vulgar practice, spirit of the Holy Qur'an dictates that such corrupt practices, if any in the society, are stamped out.

The social structure of the Islamic society rests on the foundation stone of marriage which enables two individuals to enter into a socially recognized relationship. They, the man and the woman, do this knowing full well the biological, moral, social and economic consequences and responsibilities. It is why Allah blesses all those efforts that cement this bond further. Yet, taking cognizance of the diversity of human nature which can harm the sacred bond of the marriage, Allah has laid down norms that could enable them sever this bond amicably and honorably without inviting any stains on the integrity and stigma on the social reputation if there is an irretrievable breakdown of the relationship. It is why the Holy Qur'an laid down the procedure of 3 Talaaq (divorce) in the most elaborate manner. But the small minds that tampered with the process of Talaaq—by legitimizing the triple Talaaq at one go for petty reasons—saw in Halala a handy tool to reconnect the severed bonds in the clumsiest manner. Lo and behold! The unstable minds who today pronounce three Talaaqs on petty preventable reasons take the easy recourse to Halala to enable the ex-husband to take her back in marriage.

Now let us cast a glance at the verses of the Holy Qura’n which are today interpreted to play with the sacred laws laid down by Allah, and imported from it Halala of today. The Quran says in 2/230:


"And if he divorces her finally, she shall thereafter not be lawful unto him unless if she marries another man. If (by chance this marriage also breaks) and the present husband divorces her, there shall be no sin upon either of them (the first husband and the divorced wife) to remarry—provided that both of them think that they will be able to be within the bounds set by Allah: and these are the bounds of Allah which He makes clear unto people of innate knowledge."

A man of even ordinary intelligence can glean from these verses a reprimand to the man, who is going to finally divorce his wife. In doing so, he is acknowledging the fact that she will henceforth be a free individual and can choose to engage herself and marry any man of his choice. The verse implies a warning that the conjugal and marital bonds will be cut asundered and the return will not be possible. At least not within foreseeable future, as she will be Halal, lawful for the first husband only if she gets married to another person, shares a conjugal relationship with him and gets divorced through the same elaborate process. It will be a mockery if the former husband, realizing his mistake of discarding and divorcing his wife unmindful of the consequences, stage-manages a marriage of his former wife to another person in order to contrive legitimacy for his reunion with her. It is simply inconceivable from the Qur'anic point of view as it reduces the women to the status of a plaything who can be discarded through stupid and rapid-fire utterances of Talaaq and brought back to himself after a one-night stand with a stranger. To expect that such a fraudulent method would be sanctioned by the Qur'an is in itself a fallacious understanding of the spirit of the Divine Revelation and the status of women in the Qur'an. How could The Qur'an undermine the dignity and self esteem of a woman whom it holds equal to man?

In fact, the Halala is the obnoxious corollary of the allowance of triple Talaaq that has found favour with the today’s interpreters. One farce has led to another sham. The actual process of Talaaq mentioned in the Holy Quran chapter 4 verse 34 is neither preached nor taught to the general Muslim masses. Nor even the scholars of today know it directly from the Qur'an. They only know their man-made Fiqh and issue fatwas.

We need to look at the Qur'anic procedure of Talaaq afresh. In 4/34 & 35, The Qur'an clearly lays down that in the event of any differences or discord of serious nature between husband and wife, the husband has to admonish her first to get the things in shape. If she does not mend her ways, the husband is suggested to leave her alone in bed. If the problem persists, according to some scholars, the husband may punish her if necessary. And according to some scholars, it will be made plain to the lady that the next course of action would be to the appointment of two arbiters which can make the matter known to outsiders.

If the patch-up still does not materialize, the Holy Qur'an lays down the prerequisite of the appointment of an arbiter each from the bride’s and the groom’s families. By this, now both the families will be active in preventing the divorce. It is now fervently hoped that God will repair the bonds between them and cordiality would return. If still all these steps fail, the husband may proceed to divorce her first time.

If there is reunion between them, there will be no break of marriage. But if reunion doesn’t occur, next month this first divorce will become second. And if during these three months, problem remains unsolved and no physical contact, there will be final divorce and separation.

In case the separation becomes inevitable, the Qur'an ordains to appoint 2 reliable persons to witness financial, material and residential issues in 65/6. Once separation takes place, the responsibility of food, housing, medical and education will fall upon the father of the children. Post-separation custody of, access to and maintenance of kids is hardly taken care of nor preached by these self-appointed custodians of the religion.

If the separated wife is pregnant, according to 2/233, the financial responsibility of her health, residence and all other expenses will be on the ex-husband till the delivery of the child. If the ex-husband, i.e. the father of the new born wants to get the infant nursed and breast feed by the divorced mother, he has to bear the responsibility of housing, food, clothing, healthcare and remuneration not more than 2 years. The financial responsibilities for both, the mother and the new born will rest with the father of the child.

The divorced ladies have to avoid next marriage at least for three months or duration of three menstrual periods according to 2/228. During this period, all the expenditure will be borne by the ex-husband. He has to provide the residence on par with the standard they maintained when they were married. The final statement on Talaaq appears in verse first verse of chapter 65. The name of this Surah is At-Talaaq: itself.


“O Prophet! (say to your people that) when you intend to divorce women, divorce them at their prescribed periods, and keep counting of the prescribed period, and be conscious of ALLAH, your Sustainer. Do not expel them from their homes; and neither shall they (be made to) leave unless they become openly guilty of immoral conduct. These are the bounds set by ALLAH - and he who transgresses the bounds set by ALLAH does indeed sin against himself …..”

The verse quoted above says that three Talaaqs at one go is allowed only in the case of adultery. In such case a husband can’t wait for a time bound process of divorce. This is also very much natural as no husband can withstand a cumbersome process in the event of open lewdness and the revulsion emanating from it.

The pity is that the so-called scholars don’t know there are 4 essential steps to be taken into consideration before pronouncing first Talaaq. They never propagate this nor the procedure of periodical Talaaq. And finally either they don’t know or they want to keep the male section of the Muslims in dark about the provision of providing residence to the divorced lady for the prescribed period to pass for another marriage. If this has been known to the public, millions of divorce cases could not have happen. In fact persons not having another accommodation have to move out of their homes to allow the lady to pass the stipulated period. Even the scholars don’t preach that all the responsibilities of the children rest with the father only in the case of divorce and lady will be free to marry any person. They only disclose to the public how to kick out the wife mercilessly in helpless condition in the name of The Most Gracious and Bountiful God, God of Universe, God of women-folk too.

May Allah guide us straight path and let us make able to find out the solution of our problems from His Divine Writ rather than asking the so-called scholars.


Mr. Maqbool Ahmed Siraj,
Email: maqbool_siraj@rediffmail.com