Islamic Rulings on Halalah, Indecency, Wailing over the Dead, and Image-Making
Compiled by: Toheed.com
Halalah – Rulings and Severe Warning
The Shar‘i Ruling after Triple Divorce
When a man divorces his wife and takes her back during her waiting period (‘iddah), or remarries her after the waiting period has passed, then divorces her again and takes her back, and finally gives her a third divorce—after this third divorce, that woman becomes permanently forbidden for him. He cannot take her back unless she marries another man, and the marriage is consummated.
Allah ﷻ says:
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ (البقرہ 2)
Meaning: “She is not lawful for him thereafter until she marries another husband.”
This refers to a valid, genuine marriage with the intention of permanence. If by coincidence the second husband dies or divorces her, only then is she permitted to remarry her first husband.
Halalah: A Forbidden Trick
Some people marry a divorced woman temporarily, intending to divorce her only to make her lawful for her first husband. This practice is called Halalah and is considered invalid in Shari‘ah.
- Ali (RA) narrates:
“The Messenger of Allah ﷺ said: Allah has cursed the one who does Halalah and the one for whom Halalah is done.”
(Tirmidhi 1120) - Uqbah ibn ‘Amir (RA):
“Shall I not tell you about the hired bull? That is the one who performs Halalah. Allah has cursed the one who performs Halalah and the one for whom Halalah is done.”
(Ibn Majah: 1936)
Spreading Indecency among Muslims
Allah ﷻ says:
إِنَّ الَّذِينَ يُحِبُّونَ أَن تَشِيعَ الْفَاحِشَةُ فِي الَّذِينَ آمَنُوا لَهُمْ عَذَابٌ أَلِيمٌ فِي الدُّنْيَا وَالْآخِرَةِ (النور 19)
Meaning: “Indeed, those who love that immorality should spread among the believers will have a painful punishment in this world and the Hereafter.”
This verse is a stern warning for all who promote indecency and immorality in society. Through newspapers, radio, internet, and media, shamelessness has spread into homes, and those responsible will be held accountable before Allah.
◈ Those working in institutions that broadcast indecency
◈ Those keeping TV, films, and indecent content in their homes
◈ Those providing means of corruption to their children
All should reflect: What answer will they give before Allah on the Day of Judgment?
Wailing (Niyahah) over the Deceased
Grief and Tears Are Natural
It is natural for the heart to grieve and for tears to flow upon the death of a loved one. The Prophet ﷺ himself shed tears at the death of his grandson and said:
“This is compassion which Allah has placed in the hearts of His servants, and Allah shows mercy only to His merciful servants.”
(Bukhari: 1284, Muslim: 923)
The Prohibition of Wailing and Its Curse
But some women go to extremes in expressing grief by:
◈ Crying out loudly
◈ Striking their faces
◈ Tearing their clothes
◈ Pulling their hair
◈ Praising the deceased in lamentations
These are signs of impatience and ignorance.
- The Prophet ﷺ said:
“Allah has cursed the woman who wails, the one who tears her clothes, and the one who strikes her face in lament.”
(Ibn Majah: 1585) - Ibn Mas‘ud (RA):
“He is not from us who strikes the cheeks, tears the clothes, and calls with the call of Jahiliyyah.”
(Bukhari: 1294, Muslim: 103) - Abu Malik Ash‘ari (RA):
“If a woman wails and does not repent before her death, she will be raised on the Day of Judgment wearing a garment of molten copper and a cloak of scabies.”
(Muslim: 934) - Abu Musa Ash‘ari (RA):
“I declare myself free from those who wail loudly, tear their clothes, and pull their hair.”
(Bukhari: 1296, Muslim: 104) - Umar (RA):
“The deceased is punished in the grave because of the wailing of his family.”
(Bukhari: 1292, Muslim: 927)
The Bid‘ah of Condolence Gatherings
In present times, condolence gatherings have developed innovations such as:
◈ Gathering in the deceased’s house after burial
◈ Preparing and eating food in the bereaved house
This was not practiced by the pious predecessors, rather it was considered a form of wailing.
- Jarir ibn ‘Abdullah Bajali (RA):
“We used to consider gathering at the house of the deceased and preparing food after burial as a form of wailing.”
(Ibn Majah: 1612)
The Prohibition of Image-Making
- Ibn Mas‘ud (RA):
“The Messenger of Allah ﷺ said: Those who make images will be subjected to a severe punishment on the Day of Judgment.”
(Bukhari: 5950, Muslim: 2109) - Ibn ‘Umar (RA):
“On the Day of Judgment, the image-makers will be told: ‘Bring to life what you have created.’”
(Bukhari: 5951, Muslim: 2108) - A’ishah (RA):
“I hung a curtain with images. When the Prophet ﷺ saw it, his face changed with anger, and he tore it apart. He said: The most severely punished on the Day of Judgment will be those who imitate Allah’s creation.”
(Bukhari: 5957, Muslim: 2107) - Abu Hurairah (RA):
“On the Day of Judgment, Hell will emerge with a neck, and it will say: I am appointed over three types of people: tyrants, those who associate partners with Allah, and the image-makers.”
(Tirmidhi: 2574) - In another narration:
“Who is more unjust than the one who tries to create like My creation? Let him create a grain or a seed.”
(Bukhari: 5953, Muslim: 2111) - Ibn ‘Umar (RA):
“The angels do not enter a house wherein there is a dog or an image.”
(Bukhari: 5960)
The Modern Trial of Images
Today, images are widespread, especially:
◈ Magazines and newspapers displaying women’s pictures
◈ Picture frames hung on walls in homes
◈ Sculptures and statues for decoration
These are causes of sexual temptation, moral corruption, and Allah’s wrath. Muslim homes must be purified from such things.
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