Ruling on Nikah Ḥalālah
Source: Fatawa Ameenpuri by Shaykh Ghulam Mustafa Zaheer Ameenpuri
Question
What is the ruling regarding Nikah Ḥalālah?
Answer
Islam is the religion of fitrah and a complete way of life. Just as it has provided comprehensive guidance in every sphere of human existence, it has also safeguarded chastity and honor through the legislation of Nikah in the social domain. This noble institution lifted humanity out of the swamp of immorality and set it upon the path of servitude to Allah.
However, regrettably, some have turned the protectors of honor into violators again through the cursed practice of Ḥalālah.
Nikah Ḥalālah is invalid and prohibited.
Authentic Ahadith and scholarly consensus are proof of this.
❀ Abu Hurairah (رضي الله عنه) narrated:
لعن رسول الله صلى الله عليه وسلم المحل والمحلل له
“The Messenger of Allah ﷺ cursed the one who performs Ḥalālah and the one for whom it is performed.”
(Musnad Ahmad 2/323; Musnad al-Bazzar [Kashf al-Astar: 1442]; Musnad Ishaq; Musnad Abi Ya‘la; Nasb al-Rayah 3/240; al-Sunan al-Kubra lil-Bayhaqi 7/208; al-Muttafaq lil-Khatib 1705 — chain Hasan)
- Imam Ibn al-Jarud رحمه الله declared it Sahih.
- Hafiz Zayla‘i al-Hanafi رحمه الله said: الحديث صحيح — “The Hadith is authentic.” (Nasb al-Rayah 3/240)
- Shaykh al-Islam Ibn Taymiyyah رحمه الله, ‘Allamah Ibn ‘Abd al-Hadi رحمه الله, and Hafiz Ibn al-Mulaqqin رحمه الله graded its chain as strong.
- Hafiz Ibn al-Qayyim رحمه الله considered it Hasan. (I‘lam al-Muwaqqi‘in 5/119)
❀ Hafiz Ibn Hajar رحمه الله (852H) explained:
“The scholars deduced from this Hadith the invalidity of a marriage where the husband sets a condition that once he marries her, he will separate from her, or makes the condition that he will divorce her, and the like. They understood the Hadith to apply to such cases, and undoubtedly its generality covers this and similar scenarios.”
(Talkhis al-Habir 3/373)
❀ Shaykh al-Islam Ibn Taymiyyah رحمه الله (728H) said:
اتفق على تحريم ذلك أصحاب رسول الله صلى الله عليه وسلم، والتابعون لهم بإحسان
“The prohibition of Nikah Ḥalālah is agreed upon by the Companions of the Messenger of Allah ﷺ and the righteous Tabi‘in.”
(Al-Fatawa al-Kubra 3/95)
Conclusion:Nikah Ḥalālah is haram, invalid, and cursed. It is unanimously rejected by the Sahabah, the Tabi‘in, and the scholars of Islam.
