Message No : 11Sr.No : 327/724
Question By : Mohammad Toufiq

Dear Mufti Sahib,

As-Salam-O-Aliekum

I have divorce my wife and we both want to rejoin by doing Halala, please explain in detail that what is the minimun requirement to comsummate marrige for halala. I have read in one books that the "WATI" reguired for halala does not need "INZALL AND DAKHOOL HASHFA" Pleased describe in detail and at your earliest.

Was Salam

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Brother in Islam,
The answer to your question is as follows:

After three Talaq, the marital ties break completely and the couples become like Ajanbi (stranger) to each other. But if they feel that they can live a splendid conjugal life and want to reunite, the wife should marry another man and have sexual intercourse with him. Now if the second husband dies or divorces her, she can, after completing the Iddah period, remarry her first husband.

Describing the method of Halal, Allah Subhanahu Wa Ta¡¯ala says, ¡°And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has wedded another husband. Then if he (the other husband) divorces her, it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifests them for people who have knowledge¡±. (Suratul Baqarah, 02/230)

It is narrated on the authority of Hazrat Ayesha (RA) that a man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet (SAWS) and said, ¡°O Allah¡¯s Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?¡± Allah¡¯s Apostle said, ¡°It is unlawful to marry your first husband till the other husband consummates his marriage with you¡±. (Al-Buhkhari, Kitabuttalaq)

Therefore, sexual relation which necessitates Ghusl (Dukhoole Hafsha) through a valid marriage is necessary for her being lawful for the ex-husband. (Al-Fatawa Al-Hidiyyah, Kitabuttalaq: 1/473)

It is to be noted that the purpose behind the second marriage must be spending an extended marital life. If the marriage is conditional and for a short period, this type of marriage is termed Tahleel, which is against the teachings of Shariah and all concerned people are cursed by Allah and His Messenger (SAWS).

It is reported on the authority of Hazrat Abdullah bin Mas`ud (RA) that Allah's Messenger cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba¡ªusury and those who feed it; pay the usury. (Tirmizi)

And Allah knows the best

To view complete list of questions posted on the topic Click Here

To post your Question Click Here.




Eastern Cresent

http://www.markazulmaarif.org/img/ec/2012/October/ecOctober_cover2012_200.JPG
Current Issue October 2012
Click here to join markazulmaarif E-Groups on Yahoo!