Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
Is ḥalālah legally valid in Islamic law? Some people present a verse of the Qur’an as evidence for ḥalālah. What is the true meaning of that verse? Moreover, many prominent religious seminaries' muftis issue fatwas permitting ḥalālah. Kindly explain the Sharʿī ruling in the light of the Qur’an and Sunnah.
In the Qur’an and Sunnah, ḥalālah is not approved anywhere — in fact, this heinous act is cursed in the Sharīʿah.
The verse in the Qur’an often misused to justify ḥalālah is:
﴿حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ﴾
“…until she marries another husband.”
— [Surah al-Baqarah: 230]
This verse does not prove the permissibility of ḥalālah. It merely outlines the legal scenario:
However, in ḥalālah, the intention from the beginning is to marry temporarily, have intercourse, and then divorce her so she becomes lawful for the first husband. No person of dignity or honor would accept such a “marriage”.
Those who interpret this verse as permission for ḥalālah are either:
According to al-Nihāyah fī Gharīb al-Ḥadīth wal-Athar (vol. 3, p. 311):
"Ḥalālah is when a man gives his wife three divorces. Then, another man marries her with the condition that he will consummate the marriage and then divorce her so she becomes permissible for the first husband."
This is the exact same definition found in:
Even Imām Muḥammad, one of the most renowned students of Imām Abū Ḥanīfah and a foundational scholar of Ḥanafī jurisprudence, wrote in Kitāb al-Āthār (878):
"A man divorces his wife three times, then desires to have her marry another man so that she may become lawful for him again — this is ḥalālah."
Kitāb al-Āthār, Urdu translation, p. 379
This clearly shows that ḥalālah involves marriage with the pre-intent of divorce, so that the woman may return to her first husband.
ʿAbdullāh ibn Masʿūd رضي الله عنه narrated:
"The Messenger of Allah ﷺ cursed the one who performs ḥalālah and the one for whom it is performed."
Musnad Aḥmad: 1308 (vol. 1, pp. 450–451)
Jāmiʿ al-Tirmidhī: 1120
Ibn Mājah: 1936
al-Ḥākim: vol. 2, p. 199, ḥadīth 2804
In another narration, the Prophet ﷺ described the one who does ḥalālah as:
“Like a hired bull used for mating.”
This comparison reflects the utter disgrace of the act — treating marriage like a rented service for breeding, violating the sanctity of the sacred contract.
Today, many people perform ḥalālah under various pretexts and deceptive methods — marrying a woman with the sole intention of divorcing her after a night or two just to make her ḥalāl again for the first husband.
Such an act is cursed, immoral, and absolutely forbidden in Islam.
We ask Allah Almighty to protect the Ummah from this accursed act.
Those muftis and religious scholars who open the door to ḥalālah after triple divorce, and even facilitate such arrangements in their own madāris (Islamic institutions), bear a great burden of misguidance.
Some even involve their own students or qurrā’ in these transactions — may Allah guide them, and grant them correct understanding and upright character.
We pray:
"May Allah protect the Ummah from this cursed practice, save those involved from misguidance, and grant them the ability to walk the straight path."
Āmīn!
✦ Question:
Is ḥalālah legally valid in Islamic law? Some people present a verse of the Qur’an as evidence for ḥalālah. What is the true meaning of that verse? Moreover, many prominent religious seminaries' muftis issue fatwas permitting ḥalālah. Kindly explain the Sharʿī ruling in the light of the Qur’an and Sunnah.
✦ Answer:
In the Qur’an and Sunnah, ḥalālah is not approved anywhere — in fact, this heinous act is cursed in the Sharīʿah.
The verse in the Qur’an often misused to justify ḥalālah is:
﴿حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ﴾
“…until she marries another husband.”
— [Surah al-Baqarah: 230]
This verse does not prove the permissibility of ḥalālah. It merely outlines the legal scenario:
- If a man gives his wife three divorces, she becomes permanently unlawful for him.
- She may then marry another man in a genuine marriage.
- If that second husband divorces her willingly or passes away, and she completes her ʿiddah, then she may remarry her first husband — only if both believe they can uphold the boundaries of Allah.
However, in ḥalālah, the intention from the beginning is to marry temporarily, have intercourse, and then divorce her so she becomes lawful for the first husband. No person of dignity or honor would accept such a “marriage”.
Those who interpret this verse as permission for ḥalālah are either:
- Ignorant of its true meaning, or
- Deliberately overlooking its proper interpretation.
❖ Definition of Ḥalālah in Lexical and Legal Texts
According to al-Nihāyah fī Gharīb al-Ḥadīth wal-Athar (vol. 3, p. 311):
"Ḥalālah is when a man gives his wife three divorces. Then, another man marries her with the condition that he will consummate the marriage and then divorce her so she becomes permissible for the first husband."
This is the exact same definition found in:
- al-Qāmūs al-Fiqhī (p. 100) – a major reference on Ḥanafī legal terminology,
- al-Qāmūs al-Muḥīṭ,
- Anjum al-Wasīṭ – all major Arabic lexicons.
Even Imām Muḥammad, one of the most renowned students of Imām Abū Ḥanīfah and a foundational scholar of Ḥanafī jurisprudence, wrote in Kitāb al-Āthār (878):
"A man divorces his wife three times, then desires to have her marry another man so that she may become lawful for him again — this is ḥalālah."
Kitāb al-Āthār, Urdu translation, p. 379This clearly shows that ḥalālah involves marriage with the pre-intent of divorce, so that the woman may return to her first husband.
❖ Prophetic Curse on Ḥalālah
ʿAbdullāh ibn Masʿūd رضي الله عنه narrated:
"The Messenger of Allah ﷺ cursed the one who performs ḥalālah and the one for whom it is performed."
Musnad Aḥmad: 1308 (vol. 1, pp. 450–451) Jāmiʿ al-Tirmidhī: 1120 Ibn Mājah: 1936 al-Ḥākim: vol. 2, p. 199, ḥadīth 2804In another narration, the Prophet ﷺ described the one who does ḥalālah as:
“Like a hired bull used for mating.”
This comparison reflects the utter disgrace of the act — treating marriage like a rented service for breeding, violating the sanctity of the sacred contract.
❖ Condemnation of Modern Practice of Ḥalālah
Today, many people perform ḥalālah under various pretexts and deceptive methods — marrying a woman with the sole intention of divorcing her after a night or two just to make her ḥalāl again for the first husband.
Such an act is cursed, immoral, and absolutely forbidden in Islam.
❖ A Grave Warning to Those Who Legalize Ḥalālah
We ask Allah Almighty to protect the Ummah from this accursed act.
Those muftis and religious scholars who open the door to ḥalālah after triple divorce, and even facilitate such arrangements in their own madāris (Islamic institutions), bear a great burden of misguidance.
Some even involve their own students or qurrā’ in these transactions — may Allah guide them, and grant them correct understanding and upright character.
We pray:
"May Allah protect the Ummah from this cursed practice, save those involved from misguidance, and grant them the ability to walk the straight path."
Āmīn!
