TARGETTING SHARIAT UNDER THE VIEL OF CURSING MULLAS!

(Credit: Maulana Khalid Saifullah Rahmani)

Halala is one amongst vital concepts in the Muslim Personal Laws. There is a common misunderstanding pertaining to execution of Halala even among large portion of Muslim population as well. Generally the procedure is termed as ‘Nikah e Halala’. However, there is no terminology as such used or reported anywhere in any of four major sources of Shariat laws. Generally people regard it as a planned Nikah in the event of divorce irrespective of form of divorce besides considering it sole available means to take wife back into the marriage after divorce, provided the wife in Halala marriage serves all marital duties to the husband before obtaining divorce. In reality, the notion of Halala under Shariat Laws depends upon the form of divorce pronounced to put a marriage to an end. In order to take divorced wife back into the marriage, the proceeding of Halala is completely an accidental or circumstantial act without any sort of prior planning or advice from anyone. There is no room for preplanned execution of Halala marriage. The parties entering into Halala marriage with an intention to facilitate broken marriage is against the spirit of Shariat Law. If divorcee (wife) accidently or circumstantially enters into another marriage and due to unavoidable circumstances, the husband divorces her, now the wife becomes eligible to marry her first husband and the proceeding is correctly termed as Halala. It is ruling of Quran and Hadith and not derived from interpretation of any Mullah or Imams.

1) Dignity of Women:

It is contended that the order of Halala is for the protection of dignity and respect of women and not to degrade them in anyway. It is pertinent to note the pre Islamic social conditions around the world

wherein women were treated no less than cattle. Prior to Islam, the practice of divorce was unregulated and people used to divorce their wives numerous times and dispel them out of their houses without any consideration and subsequently take their wives back into the marriage without any constraint. Women held no dignity and were left on the mercy of men. In order to safeguard women to undergo such degraded practice, the Holy Quran set limits on divorce and maintained that if a husband divorce his wife thrice (irrevocable talaq), he cannot bring wife back into marriage at his own. Moreover, to take wife back into marriage after irrevocable divorce, the Shariat Laws put such conditions which are usually unbearable for a man of good conscience. Therefore, the command of Halala carries dignity of women and not a contemptuous act for them.

2) Clarification:

It is never been the reality that in the event of every separation of the husband and wife, Halala is resorted. In fact, there is only one form of separation (divorce) out of established nine forms of separation (divorce) wherein Halala is sought.

In order to discuss the practice of Halala, it is necessary to first discuss the forms of separation between the husband and wife, from the view point of Shariat. According to Shariat separation between couples may take any of the following forms:

a) Khula

It is separation between the couple by mutual consent. In this case wife forgoes some of her rights in

order to secure divorce or demand Khula without a valid ground. Nonetheless, it is not binding upon a woman to have any particular ground for demanding Khula. She may ask for it out of her dislike for him. If the husband accepts her demand, it brings an end to their marriage.

b) Faskh

It is revocation of marriage. It is the instance when wife applies to Darul Qaza for the revocation of

marriage, complaining of the non-fulfillment of her any right or her husband’s injustice excess. As Darul Qaza upholds her complaint in the light of evidences, it will revoke marriage.

c) Ayla

Ayla is a vow by husband to the effect that he will not have sexual relations with his wife in future or for at least four months. If he follows this oath for four months, he will stand divorced.

d) Lian

It is a charge by the husband that he saw with his own naked eyes that his wife committed adultery,

though he dies not have any evidences of the same. The Darul Qaza will ask them to state four times

under oath. For the fifth time the husband will state, “Allah’s curse be upon me, if I level a false charge against her”. Wife will state, “If this person is true in his charge, Allah’s wrath be upon me”. At that stage, Darul Qaza will revoke marriage.

e) Talaq:

Husband may divorce her once, specifying the word talaq, saying, “I pronounced divorce once upon

you”. In this case, the talaq is revocable.

f) Husband may divorce her twice, specifying the word Talaq. He may do so at one time or at two

different times. In this case too it would be revocable divorce.

g) Talaq Bain i.e. irrevocable divorce:

Husband may tell his wife,” I pronounce upon you talaq bain once” or he may use some vague word

which may be taken to mean divorce or any other thing, for example, he may say, “You are released”. It may refer to her release from serving him or that she is free to live in her parent’s home or it might

mean that she is released from the marital bond which is synonymous with divorce. If he confirms that he divorced using the above words, it is an instance of irrevocable divorce. Marital ties between the couple can be resumed only by remarriage. However, husband may not unilaterally take her back in marriage. If irrevocable divorce is pronounced twice in succession, only one will be effective, the second will be null and void. However, if one says:”I pronounce upon you two irrevocable divorce, it will come into effect, leaving room for marriage.

If one divorces his wife, without specifying thrice and only repeats his statement of divorcing thrice and clarifying that it was not his intention to pronounce triple divorce rather he had repeated it for

emphasis. It will be taken as revocable divorce.

These are eight forms of separation wherein four are types of divorce and remaining are forms of

separation. In all conditions mentioned above, both are at liberty to remarry without undergoing the act of Halala or wife to marry someone else.

h) If the husband in one sitting or at different occasions, pronounces divorce with clear mention of ‘three times’ or specifically mentions the word “Talaq” thrice and contends that he did not pronounced first and second talaq for emphasis and clearly intends to divorce, then irrespective of occasions or time frame, the irrevocable talaq will be effective. In such event, remarriage is possible only after observing the process of Halala wherein accidentally/circumstantially divorcee enters into marriage and performs all ties incidental thereto and the second husband dies or divorces her.       Therefore, it is clear from above discussion that there is only one instance where Halala is observed and the proportion of said Halala marriage among Muslim is negligible.

3) Relief:

In one case, a couple came and reported about unavoidable circumstances to continue marriage. The wife in the marriage wanted divorce from her husband due to his ill practices and domestic violence. The writer of this article tried to negotiate the matter and enlightened them about sinfulness of divorce. However, the wife insisted for irrevocable divorce stating that her family in the event of separation will force her to remarry him.

The intention behind the narration is to highlight that though Triple Talaq is the least appreciated form of terminating a marriage, yet is very much effective and in line with the Shariat Law. It facilitates the couple to divorce them from the marital bond irrevocably and for women to come out from unbearable marital conditions instantaneously.

Thus, presently people who are targeting Mullas, Imams and Muslim Personal Law Board for their taunts and contending that Shariat laws are coined by them hold no water. In fact, they are trying to impugn Islam and Shariat.