❖ Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
Is it permissible to marry a divorced woman (who received three divorces) with the intention of ḥalālah (making her permissible for her former husband)?
Marriage with the intention of ḥalālah is not permissible. Such a marriage is invalid and does not take place in the eyes of Sharīʿah.
❖ Sayyidunā ʿAbdullāh bin ʿUmar رضي الله عنهما was asked about ḥalālah. He replied:
هما زانيان وإن مكثا عشر سنين أو عشرين سنة إذا أنه تزوجها لذلك
“Both of them are adulterers, even if they remain together for ten or twenty years—if he marries her with that intention.”
Al-Maṭālib al-ʿĀliyah by Ibn Ḥajar: 1693 — Chain is authentic.
❖ Ḥāfiẓ Ibn ʿAbd al-Barr رحمه الله (d. 463 AH) said:
يكون كنكاح المتعة ويبطل، هذا هو الصحيح والله أعلم
“Marriage with the intent of ḥalālah is like temporary (mutʿah) marriage and is invalid. This is the correct view, and Allah knows best.”
Al-Tamhīd: 13/234
❖ Qāḍī Bayḍāwī رحمه الله (d. 685 AH) wrote:
A ḥallāl (one who performs ḥalālah) is a man who marries a woman who has been issued three divorces, with the intention to divorce her after consummation so that she becomes permissible for her former husband. It is as if he is making her ḥalāl for her previous husband through nikāḥ and intercourse. The one for whom the ḥalālah is done is the first husband. Both of them (ḥallāl and the first husband) are sinful.
Tuḥfat al-Abrār: 2/392; Mirqāt al-Mafātīḥ by Mullā ʿAlī al-Qārī: 5/2149
❖ Shaykh al-Islām Ibn Taymiyyah رحمه الله (d. 728 AH) stated:
“A ḥalālah-type (temporary) marriage is even worse than mutʿah marriage because ḥalālah marriage was never permitted in any period of Islam. A person performing ḥalālah enters into the marriage contract with the intention of terminating it, and such a temporary marriage is never valid.”
Majmūʿ al-Fatāwā: 32/108
❖ ʿAllāmah Ibn Qudāmah رحمه الله (d. 620 AH) said:
“In summary, marriage with the intention of ḥalālah is ḥarām (forbidden) and invalid. This is the consensus of all scholars. The Companions we have mentioned also held this view, and no Companion disagreed, hence there is ijmāʿ (consensus) of the Companions on this matter.”
Al-Mughnī: 7/180–182
❖ Shaykh al-Islām Ibn Taymiyyah رحمه الله further stated:
قد اتفق أئمة الفتيا كلهم أنه إذا شرط التحليل في العقد
“All the leading jurists are agreed that if ḥalālah is made a condition within the marriage contract, the marriage is invalid.”
Majmūʿ al-Fatāwā: 32/155
❖ ʿAllāmah Kirmānī Ḥanafī رحمه الله (d. 854 AH) said:
يطلق النكاح حينئذ اتفاقا
“Such a marriage, entered into with the intention of ḥalālah, is invalid by consensus.”
Sharḥ al-Maṣābīḥ: 4/33
A marriage conducted with the intention of making a woman ḥalāl for her previous husband (ḥalālah) is:
➤ Invalid (Bāṭil)
➤ A Major Sin
➤ Compared to Zina (Adultery)
➤ Unanimously Forbidden by All Major Scholars
➤ Never Permissible at any time in Islamic history
❖ Question:
Is it permissible to marry a divorced woman (who received three divorces) with the intention of ḥalālah (making her permissible for her former husband)?
✿ Answer:
Marriage with the intention of ḥalālah is not permissible. Such a marriage is invalid and does not take place in the eyes of Sharīʿah.
✿ Statements of the Companions and Scholars
❖ Sayyidunā ʿAbdullāh bin ʿUmar رضي الله عنهما was asked about ḥalālah. He replied:
هما زانيان وإن مكثا عشر سنين أو عشرين سنة إذا أنه تزوجها لذلك
“Both of them are adulterers, even if they remain together for ten or twenty years—if he marries her with that intention.”
Al-Maṭālib al-ʿĀliyah by Ibn Ḥajar: 1693 — Chain is authentic.❖ Ḥāfiẓ Ibn ʿAbd al-Barr رحمه الله (d. 463 AH) said:
يكون كنكاح المتعة ويبطل، هذا هو الصحيح والله أعلم
“Marriage with the intent of ḥalālah is like temporary (mutʿah) marriage and is invalid. This is the correct view, and Allah knows best.”
Al-Tamhīd: 13/234❖ Qāḍī Bayḍāwī رحمه الله (d. 685 AH) wrote:
A ḥallāl (one who performs ḥalālah) is a man who marries a woman who has been issued three divorces, with the intention to divorce her after consummation so that she becomes permissible for her former husband. It is as if he is making her ḥalāl for her previous husband through nikāḥ and intercourse. The one for whom the ḥalālah is done is the first husband. Both of them (ḥallāl and the first husband) are sinful.
Tuḥfat al-Abrār: 2/392; Mirqāt al-Mafātīḥ by Mullā ʿAlī al-Qārī: 5/2149❖ Shaykh al-Islām Ibn Taymiyyah رحمه الله (d. 728 AH) stated:
“A ḥalālah-type (temporary) marriage is even worse than mutʿah marriage because ḥalālah marriage was never permitted in any period of Islam. A person performing ḥalālah enters into the marriage contract with the intention of terminating it, and such a temporary marriage is never valid.”
Majmūʿ al-Fatāwā: 32/108❖ ʿAllāmah Ibn Qudāmah رحمه الله (d. 620 AH) said:
“In summary, marriage with the intention of ḥalālah is ḥarām (forbidden) and invalid. This is the consensus of all scholars. The Companions we have mentioned also held this view, and no Companion disagreed, hence there is ijmāʿ (consensus) of the Companions on this matter.”
Al-Mughnī: 7/180–182❖ Shaykh al-Islām Ibn Taymiyyah رحمه الله further stated:
قد اتفق أئمة الفتيا كلهم أنه إذا شرط التحليل في العقد
“All the leading jurists are agreed that if ḥalālah is made a condition within the marriage contract, the marriage is invalid.”
Majmūʿ al-Fatāwā: 32/155❖ ʿAllāmah Kirmānī Ḥanafī رحمه الله (d. 854 AH) said:
يطلق النكاح حينئذ اتفاقا
“Such a marriage, entered into with the intention of ḥalālah, is invalid by consensus.”
Sharḥ al-Maṣābīḥ: 4/33
Conclusion:
A marriage conducted with the intention of making a woman ḥalāl for her previous husband (ḥalālah) is:
➤ Invalid (Bāṭil)
➤ A Major Sin
➤ Compared to Zina (Adultery)
➤ Unanimously Forbidden by All Major Scholars
➤ Never Permissible at any time in Islamic history
