''Nikah halala'' (), also known as ''tahleel'' marriage, is a practice in which a woman, after being divorced by her husband by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. ''Nikah'' means
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
and ''halala'' means to make something
halal
''Halal'' (; ) is an Arabic word that translates to in English. Although the term ''halal'' is often associated with Islamic dietary laws, particularly meat that is slaughtered according to Islamic guidelines, it also governs ethical practices ...
, or permissible. This form of marriage is ''haram'' (forbidden) according to the
hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
of Islamic prophet Muhammad. Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq.
Islamic law
In classical Islamic law, a husband may divorce by simply announcing to his wife that he refuses to accept her (
talaq
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce) and ''faskh'' (dissolution o ...
). The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the divorce at any time during the waiting period (
iddah
In Islam, ’''iddah'' or ''iddat'' (; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to remove any doubt as to ...
'') which lasts three full menstrual cycles. Resumption of sexual relations automatically retracts the repudiation. The divorce becomes final when the waiting period expires. This is called a "minor" divorce (''al-baynuna al-sughra'') and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a "major" divorce (''al-baynuna al-kubra''), after which the couple cannot remarry without an intervening consummated marriage by the wife to another man.
This is known as tahlil marriage or nikah halala. Making the third pronouncement irrevocable acts as a deterrent to rash repudiations.
There are
hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
indicating that entering a tahleel marriage with the intention of divorcing so that the original spouses can remarry is forbidden (haraam) in Islam. Hadith in Abu Dawood and Ibn Majah reported that both the first husband (muhallil) and the temporary husband (muhallil lahu) were cursed by God, and Ibn Majah calls the temporary husband "a borrowed billy-goat." Al-Hakim Nishapuri adds that marriage should be based on genuine intentions, and that in the time of Muhammad, tahleel spouses would have been considered adulterers.
UK
A BBC report found that halala is practised in certain Pakistani Muslim communities in the UK. The report uncovered many instances where women were socially and sexually exploited by local religious figures.
India
Petitions have been filed by a few Muslim women and rights organisations in the
Supreme Court of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
against nikah halala. Bharatiya Muslim Mahila Andolan (BMMA) is one such petitioner. BMMA is a national movement of Muslim women in India. In March 2018, the Supreme Court issued notice to the Indian government on the issue of nikah halala and polygamy. The Indian government made its stand clear in favor of criminalizing the practice of nikah halala in apex court.
The Supreme Court of India will hear the petition against nikah halala and polygamy in Muslim communities from July 20, 2018. On September 13, 2018, a Muslim woman named Shabnam Rani was attacked with acid, she was one of the petitioners against the practice of nikah halala. Islamic radicals were the main suspects On September 18, 2018 the Supreme Court asked the government to provide adequate security to the victim.
The All India Muslim Personal Law Board is against the outlawing of Nikah Halala, though it feels that its use should be discouraged and restricted to the "rarest of rare situations."
Supreme Court lawyer and BJP leader, Ashwini Upadhyay filed a writ petition in the
Supreme Court of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
against Nikah Halala and polygamy as violations of fundamental right to life and liberty.
Iran
Nikah halala and triple talaq are practiced among the Kurdish Sunni community of Iran. There has been pushback from women's rights activists, lawyers and human rights activists.
Nikah
In Islamic law, marriage is accomplished through the marriage contract, known as a () or more specifically, the bride's acceptance of the groom's dowry (''mahr'') and the witnessing of her acceptance.
The contract has rights and obligatio ...
'', 1982 Hindi-language Indian film
* '' Mister Come Tomorrow'', 2015 Hindi-language Indian short film
* '' Hatheli'', 2016 Pakistani Urdu-language TV series
* ''
Halal
''Halal'' (; ) is an Arabic word that translates to in English. Although the term ''halal'' is often associated with Islamic dietary laws, particularly meat that is slaughtered according to Islamic guidelines, it also governs ethical practices ...
'', 2017 Marathi-language Indian film
* '' Ram Ki Janmabhoomi'', 2018 Hindi-language Indian film