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Offline Talib

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Halalah origin ?
« on: November 15, 2012, 07:22:09 AM »
Dear All

Salamun Alaikum

I have noticed two view points about Halalah :

1. Halalah is when a girl, after getting divorced by a man for 3 times (Tripple Talaaq), if she wants to get back to this husband she has to sleep (which is not 'sleeping' really!) with another man and then after getting divorce by him she can marry the previous husband.

2. Halalah is when a girl has got divorced by the husband, according to correct procedure and then she happened to marry another man (no planning) and then if she gets divorced by this second husband (no planning) and wants to marry the first husband, then it is called Halalah.


I have only noticed the 1st one happening. And in the 2nd viewpoint, if the girl is marrying her first husband, and everything has happened genuinely, then why call it Halalah and not Nikah ? 


What is the Origin of this Halalah concept ? What does the word actually mean ?  This word's 'root' or anything ? It looks like some grammar added to the word 'Halal', is it ?


Thank you

Regards,
Talib

Offline Joseph Islam

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Re: Halalah origin ?
« Reply #1 on: November 16, 2012, 03:54:19 AM »
Peace Talib,

The origin of the concept has roots in secondary sources and finds no warrant from the Quran. It is simply a process conceived to circumvent and flout Quranic guidance and remains an utter transgression.

The proper classical term is 'Muhalill' as someone who marries a woman who has been trebly divorced even for a night in order to make her 'permissible' or lawful for her ex husband to re-marry her. The condition is usually set that the 'muhalil' will divorce her straight after consummation of the marriage.

As far as its etymology, it has roots from the term 'HLL' meaning to make something lawful, allowable or to open, undo or untie etc.

I hope that helps, God willing.

Regards,
Joseph.


Related Article:

[1] ISLAMIC DIVORCE
http://quransmessage.com/articles/divorce%20FM3.htm






UPDATE BY QM FORUM MODERATOR

13th March 2013

This thread is now closed and a direct link to this post is now available at the dedicated Q&A page.

http://quransmessage.com/articles/q&as%20FM3.htm

Thanks.



 
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