Fatwa: # 15660
Category: Divorce
Country: Pakistan
Date: 13th September 2007

Title

I want to ask reg halala...is it not a suffering for the women? ...

Question

I wanna ask reg halala which is done after divorce to re marraige the ex hubby.Islam has made this process & ordered by Allah. so is it neccesary for a women/men to have intercourse to fulfil the halala.it is said that this is a punishment to the husband(if he has given talaq) that the ex-wife marries another person n after going through the intercourse she comes back to the her first hubby....y is it like that is it not a punishment for the women that if she loves her first hubby n due to any reasons the husband gives her talaq and when bothwant to come back the women should go thruogh this the circumstances......is it not a suffering for the women?

....

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The issue of halala can be viewed from many dimensions. Whichever dimension one tries to explain it with, in favour of it or against it, the reality remains that it is the order of Allah. He is Al-Hakeem, The All Wise. Every order of Allah is full of wisdom. No order of Allah can be wrong. As believers, we should have faith in this. Once the mind is conditioned with such belief and one searches for wisdom of Allah in any of His orders, many pearls of wisdom will be unearthed through ones mind of faith and yaqeen. Consider the following.

Allah is Al-Adl, The Just One, No order of Allah can be unjust including the issue of Allah.

Allah is Al-Hakeem, The All Wise. Every order of His is filled with wisdom.

Allah is Ar-Raheem, The Merciful.  He never oppresses anyone.

The issue of Halala should be viewed keeping in the above attributes in mind. One possible wisdom of the order could be that Allah closed all doors of abuse against women. If the husband really loves his wife, why would he divorce her? Anger? Isn’t marriage also about tolerance?

O.K he regrets it! So should he be left free to do as he wish to? What if he issues his wife three talaaqs again? Is a wife meant to be always of the receiving end?

Many men exercise restraint and tolerate knowing the consequences of the three talaaqs. They wouldn’t want their wives to sleep with someone else before taking them back.

In brief, the consequences of the husbands issuance of the talaaq is apparently on the wife, but it is meant to protect her against the abuse of the husband.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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