NIKKAH - HALALA - THE RIGH & THE WRONG

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Sheerin Banu

@Sheerinbanu

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Posted: 7 years ago

This is again one of the Most Misconstrued Aspect of Islam...

FIRST - WHAT IT IS ?

A women Divorced by her Husband 3 Times cannot be remarried by her ex-husband Until and Unless She marry an another man and Consummate her marriage.

WHY - NIKKAH - HALALA...

As Zara is Saying that there is Nothing Called Nikkah Halala... is Right in a Way... But Why?

The reason is actually its a Check Point for Husband Not wife in a Moral way...

Islam always wants the Husband and Wife to make their relationship work. Islam again gives equal rights to both the partners to end their relationship if they think they don't want this relationship. Its made easy but that doesn't mean that you use it just like that or misuse it.

Men have this edge in divorcing their wife definitely but this Power is given to men because they are the one who would suffer financially. To Marry a women he has to Pay Mehr every time. He has to pay the Mehr if he decides to Divorce his wife. Mostly High Mehr amount are fixed to refrain Men from Divorcing their wife Easily and also Marrying another Women easily.

In an Ideal Scenario Where The Husband Decides to divorce his wife after proper reconciliation, arbitration and iddha... What would be left in that relationship... By the time the relationship would have strained to the max between them and the Families...

A relationship which didn't mend after all this would never work... So Technically... They Should part ways...

Whether its one time marriage or 3 times with the same partner which doesn't make a difference... In case of Talaq- ul- Biddath... No chance for remarriage with the ex- wife... In Talaq- ul- Sunnath ( Ahsan & Hassan) Remarriage with ex-wife is allowed...

Islam allows remarriage for both men and Women... If the Same Couple remarry again how would be that relationship... Hummm... So... So...

After re-marrying again and again with the same partner and still he decides to divorce her for the 3rd time... what is the point...the relationship would be done by then...Think No Chance to Re- marry again... Nikkha is not a Joke or its not a game...

So Its a check Point to the HUSBAND that he should not make Marriage a Joke and he has to think before doing the divorce if he do it there is no looking back he cant get his wife back... So its a Strict Clause of Halala Nikkah...

Its actually a Very Good Advise to MOVE ON IN LIFE ... To remarry Some one else so that their marriage might work with the New Partner... Actually Its a Proper Re-marriage... It means they are Husband and Wife and they Should make their marriage work. Its not a Ritual. Its a Proper Marriage and Proper Advise.

RE MARRIAGE IS AGAIN CALLED AS NIKKAH NOT HALALA NIKKAH

A PROPER REMARRIAGE WITH A NEW PARTNER MEANS BOTH THE PARTNER HAS TO FULFILL THE DUTY OF HUSBAND AND WIFE THAT'S WHY CONSUMMATION IS MANDATORY...ITS NOT A RITUAL... ITS NOT DONE WITH AN INTENTION TO DIVORCE...

MISCONSTRUED AND MISUSED... OFTEN... SIN IN THE EYES OF ALLAH...

ITS AN ADVISE TO MOVE ON IN LIFE. ITS AN ADVISE THAT YOU MAY FIND A SOUL MATE IN THE NEW PARTNER AND THIS MARRIAGE MAY BE FRUITFUL...

ITS ACTUALLY A SUPER EXCEPTIONAL CLAUSE AND CASE. JUST IN CASE CLAUSE... RAREST SITUATION... WHERE ISLAM IS NOT RESTRICTING THE EX- HUSBAND FROM TAKING HIS EX- WIFE BACK.

THE FIRST HUSBAND MAY TAKE HIS WIFE IF HE FINDS HIS EX- WIFE AS A WIDOW OR DIVORCEE THATS' WHEN THIS IS CALLED HALALA NIKKAH... TILL THEN ITS JUST A NIKKAH... A PROPER NIKKAH WITH A NEW PARTNER...

Edited by Sheerinbanu - 7 years ago

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Reenatyzed

@Reenatyzed

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Posted: 7 years ago

Originally posted by: Sheerinbanu
This is again one of the Most Misconstrued Aspect of Islam...

FIRST - WHAT IT IS ?

A women Divorced by her Husband 3 Times cannot remarry his ex- wife Again Until and Unless She marry an another man and Consummate her marriage.

i m still confused about this

isnt kabir gave 3 talaq at a time

its the court who allowed 1 talaq at a time but accrording to islam 3 talaq r done

and kabir zara cant behave like they can reunite

Refernece-

Q-1: Husband tells his wife 3 times in one sitting that I divorce you.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 230:

230 So if a husband divorces his wife (irrevocably or 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 reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

Edited by Reenatyzed - 7 years ago

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Sheerin Banu

@Sheerinbanu

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Posted: 7 years ago

Originally posted by: Reenatyzed
i m still confused about this
isnt kabir gave 3 talaq at a time
its the court who allowed 1 talaq at a time but accrording to islam 3 talaq r done
and kabir zara cant behave like they can reunite

Refernece-
Q-1: Husband tells his wife 3 times in one sitting that I divorce you.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:
229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 230:
230 So if a husband divorces his wife (irrevocably or 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 reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

Reena... I hope your very well aware that Again in Islam Marriage is a Contract...

When The women can include her Conditions in Clauses 17,18 and 19 20 and 22

Zara included one such condition in her marriage Agreement that they will not have 3 times Talaq Pronouncement in their marriage to end the marriage.

So though Kabber Did that it becomes Invalid as aper their agreement. So they have to have the regular Process of Talaq... i.e pronouncing Talaq each talaq with minimum intervals...

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Reenatyzed

@Reenatyzed

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Posted: 7 years ago

^^ahaan thanks for clearing my doubt

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HeavenlyBliss

@heavenlybliss

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Posted: 7 years ago

There is no such thing as halala in islam

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amberyall

@amberyall

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Posted: 7 years ago

this halala is very confusing for me!!!! why must it always be the women holdong the sticky send of the stick,he can divorce me if he wants , at his pleasure and displeasure but i must sleep with someone else if i want to reunite???? its my body i say who have access to it!!!!

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HeavenlyBliss

@heavenlybliss

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Posted: 7 years ago

Originally posted by: amberyall
this halala is very confusing for me!!!! why must it always be the women holdong the sticky send of the stick,he can divorce me if he wants , at his pleasure and displeasure but i must sleep with someone else if i want to reunite???? its my body i say who have access to it!!!!

Its not that simple. These are all man made customs. Once a man has divorced her 3 times, she cannot marry and sleep with someone just for the purpose of reuniting with her first husband. Its a big sin

I fail to understand why a woman would want to go back to a man who has divorced her anyway??

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amberyall

@amberyall

Explorer

Posted: 7 years ago

i totally agree with you "heavenBliss" its all man made customs like the one that said womenmust not pray in mosques!! now this is why Zara will again get into difficulties with Kabeer cos he is for the traditonal man made rules and she is for the Quran meainings!!!

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HeavenlyBliss

@heavenlybliss

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Posted: 7 years ago

Yeah it pisses me off how Kabeer is shown as a leader/qazi when he doesnt know the basic laws of Islam! Even an illiterate muslim knows that women have a right to pray in mosque so that track was illogical

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angelpureness

@angelpureness

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Posted: 7 years ago

#10

Some schools of thought do not recognise halala nikkah. In fact divorced couples can remarry their ex spouses. It is just like a normal nikkah. It's a new contract. Hence the same process as their previous marriage takes place.

No Hadith is 100% authentic... research and tracing is still an on going process. Different Hadith have different % of authenticity due to ongoing research. Hence some schools of thought may choose to discard some Hadith that sound questionable and have a low% of authenticity.

Some school of thoughts have a minimum criteria (%) and any Hadith that falls under the criteria is disregarded. Sometimes there can be several Hadith on a particular issue. The Hadith with the higher % is taken into account and the one with the lower % is disregarded (if very law or is questionable or makes no sense)

In this case Islam doesn't allow people to marry just to sleep with one another and then get divorced. There is more to a marriage then just having sex. There are many Hadith and Quran ayats out there on the importance and reverence of nikkah in Allah's eyes. Hence it ends up cancelling out the Hadith on halala nikkah and thus disregarded by some school of thought.

Edited by angelpureness - 7 years ago

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NIKKAH - HALALA - THE RIGH & THE WRONG

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