The Ruling on Ḥalālah in Islam

 ❖ The Ruling on Ḥalālah in Islam

A Clear Violation of Sharīʿah

Photo by:bloomsbury.comIntroduction

Introduction

Marrying a man with a pre-planned intention of divorce in order to make a woman lawful again for her first husband-after he has issued the third and final divorce, and after the completion of her ʿiddah (waiting period)-is ḥarām, deceptive, and an invented practice outside the Sharīʿah of the Final Prophet of Allah ﷺ.

❖ The Prophet's ﷺ Condemnation of Ḥalālah

The Messenger of Allah ﷺ said:

"Allah has cursed the muḥallil (the one who performs ḥalālah) and the muḥallal lahu (the one for whom it is done)."(Jāmiʿ al-Tirmidhī 1120, Ibn Mājah 1936 - Ṣaḥīḥ(Authentic))

He ﷺ also said:

"Shall I not inform you of the borrowed goat?"They replied, "Yes, O Messenger of Allah."He said: "It is the muḥallil(the one who performs ḥalālah)."(Ibn Mājah - ḥasan(Hasan))

This description exposes the humiliation, sinfulness, and moral corruption of reducing marriage to a temporary transaction, likening it to something used and returned, devoid of dignity or sincerity.

This practice, commonly referred to as ḥalālah, contradicts the very purpose of nikāḥ (the Islamic marriage contract). It reduces the honorable institution of Nikah(marriage contract) and mahr (bridal gift) to commiting Forniacation and paying a prostitute fee both of which violates the sacred limits set by Allah.

Explicit prohibition of fornication (zinā)

Allah does not only forbid the act itself, but forbids even approaching it - meaning all paths that lead to zinā (seclusion, lustful interaction, illicit relationships, etc.).

"And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way."(Qur'an 17:32 - Saheeh International)

24:2 verse shows the severity of the sin by prescribing a legal punishment, proving zinā is among the major sins (kabā'ir).

"The [unmarried] woman or [unmarried] man found guilty of unlawful sexual intercourse-lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment."(Qur'an 24:2 - Saheeh International)

At last in 25:68 Zinā is mentioned alongside shirk and murder, highlighting its grave and destructive nature.

"And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty."(Qur'an 25:68 Saheeh international)

Condemnation of Prostitution and Sexual immorality

Command to seek chastity if unable to Pay and bear Responsibilities

Allah commands chastity and restraint for those unable to bear the burden of marriage not temporary or deceptive sexual arrangements.

"And let those who find not the means for marriage abstain [from sexual relations] until Allah enriches them from His bounty..."(Qur'an 24:33 - Saheeh International)

A command to help financially those who want to get married buying their freedom. And a clear and explicit condemnation of prostitution and sexual exploitation of women and girls, even under economic or social pressure.

"And those who seek a contract [for eventual emancipation] from among whom your right hands possess-then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you.

And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed Allah is [to them], after their compulsion, Forgiving and Merciful."

(Qur'an 24:33 - Saheeh International)

Allah offers a way out for Poor to marry

A solution of Marrying a slave woman(A female enemy combatant later reverted to islam) who could be afforded due to less obligations and Responsibilities but with a condition of her being chaste from both open zinā and hidden sexual relationships along with prescribing punishment in case they were to commit such.

"And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave women. And Allah is most knowing about your faith.You [believers] are of one another.

So marry them with the permission of their people and give them their due compensation according to what is acceptable.

But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free women.

This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful."

(Qur'an 4:25-Saheeh international)

Protection from zinā (preventive commands)

Allah blocks the pathways leading to zinā by commanding modesty, self-restraint, and chastity and a proper attire and infront of other than her husband.

"Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do. And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed."

(Qur'an 24:30–31) (Saheeh International)

Any sexual relationship outside nikāḥ is transgression.

"And they who guard their private Parts Except from their wives or those their right hands possess. Except from their wives or those their right hands possess, for indeed, they will not be blamed.But whoever seeks beyond that, then those are the transgressors."

( Qur'an 23:5–7 Saheeh International)

One-line scholarly summary

Zinā is categorically forbidden in the Qur'an-through explicit prohibition, Condemnation, Providing a Solution and Protective means,-and nikāḥ is the only lawful channel for sexual relations.

❖ The Role of Mahr and Responsibility

In Islam, mahr (bridal gift) is not a fee for a prostitute, or a filthy money paid for using a public toilet to ejaculate in the hole get a quick relief and then you abondon her for some else to use paying a small amount Rather it is an honorable purified money given to a chaste woman in a legal marriage contract (Nikah) to have sexual relations with her permitted by Allah while acknowledging of the obligations & Responsibilities which Allah places on a man's shoulder's for the whole life.

"…So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful sexual intercourse randomly nor those who take secret lovers…"(Qur'an 4:25 - Saheeh International)

"…[They should be] chaste, neither [of] those who commit unlawful sexual intercourse randomly nor those who take secret lovers…"

Key phrase in Arabic

مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ

Meaning:

★Muḥṣanāt → chaste, desiring purity

★Not musāfiḥāt → not committing open unlawful sexual acts

★Not taking secret lovers → not hidden sexual relationships

Allah ﷻ says:

"And give the women [upon marriage] their mahr graciously."(Surah al-Nisāʾ 4:4 - Ṣaḥīḥ International)

Allah has also made men qawwāmūn (caretakers and maintainers) over women due to the responsibilities He placed upon them:

"Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth."(Surah al-Nisāʾ 4:34 - Ṣaḥīḥ International)

Mahr is a mandatory obligation that symbolizes honor, seriousness, responsibility, and commitment. Using mahr as payment for a temporary or pre-planned divorce marriage strips it of its meaning and corrupts the institution of nikāḥ.

❖ The Wisdom Behind This Ruling

This ruling exists to:

★. Prevent mockery of marriage

★. Protect women from being used as instruments

★. Preserve the seriousness of divorce Block legal trickery (ḥiyal) in Allah's law

★. Ensure nikāḥ remains a means of stability, not manipulation

Islam closes the door to sin before it becomes normalized.

One-line conclusion

The Qur'an repeatedly commands desiring chastity and explicitly forbids both open and hidden unlawful sexual relations, establishing nikāḥ as the only lawful path.

Allah legislated nikāḥ and mahr as noble and lawful alternatives-establishing a bond founded upon tranquility (sukūn), responsibility, mercy (raḥmah), and permanence, not exploitation or temporary gratification.

❖ When Returning to the First Husband Is Lawful

What is permissible is only when a woman marries another man with a genuine intention of lifelong companionship, fulfilling all marital rights-nikāḥ (marriage contract), mahr (bridal gift), cohabitation, responsibility, and respect.

If, after a real marital life, divorce occurs naturally by the will of Allah, without prior agreement, deception, or planning, then it becomes lawful for her to remarry her first husband.

This permissibility is not a concession to human desire, but a ruling tied strictly to sincerity, reality, and the limits set by Allah.

❖ Conditions Required for Lawful Return to the First Husband

1. A Genuine Marriage to Another Man

Hadīth of the Prophet ﷺ:

"Indeed, actions are but by intentions, and each person will have only what he intended."(Ṣaḥīḥ al-Bukhārī, 1; Ṣaḥīḥ Muslim, 1907)

The marriage must be a valid nikāḥ (marriage contract) entered into sincerely, without any agreement-spoken or unspoken-that it will end for the purpose of making the woman lawful for her former husband.

A marriage founded upon deception is invalid in spirit, even if its outward form resembles a contract.

2. Actual Marital Relations (Consummation)

The Prophet ﷺ explicitly clarified:

"She is not lawful for the first husband until the second husband tastes her sweetness and she tastes his sweetness."(Ṣaḥīḥ al-Bukhārī & Ṣaḥīḥ Muslim)

This refers to actual consummation, not merely the existence of a contract.However, consummation alone is not sufficient if the marriage itself was entered into with a corrupt intention.

It must occur within a genuine marriage, not one designed to legalize what Allah has prohibited.

3. A Natural Divorce or Death of the Second Husband

Allah ﷻ says:

"And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him."(Qur'an 2:230 - Ṣaḥīḥ International)

This verse refers to a real marriage with all its conditions, followed by a natural separation, not a temporary or engineered arrangement meant to bypass Allah's limits.

Allah's words do not validate deception; they establish boundaries.

❖ Common Misconception

Some claim: "If the contract and consummation occurred, it is valid regardless of intention."

This argument ignores:

The curse of the Prophet ﷺ

The principle that actions are judged by intentions

The unanimous condemnation of planned ḥalālah by the scholars

A contract built to deceive Allah's law does not transform falsehood into truth.

❖ Conclusion

Halala when planned or engineered, is a clear violation of Sharīʿah, a distortion of Nikah (marriage contract), and a mockery of the limits set by Allah.

Islam does not permit halalah that legalize what Allah has made unlawful of Forniacation and prostitution.

Nikāḥ (marriage contract) was legislated for tranquility, mercy, responsibility, and permanence-not as a cheap and quick arrangement forbidden by the Law of Allah.

❖ The Statements of the Scholars

(With Classical References)

The prohibition of planned ḥalālah is firmly rooted in the Qur'an, authentic Sunnah, and the consensus of the scholars of Ahl al-Sunnah. It is not a later innovation nor a disputed matter.

Statement of Shaykh al-Islām Ibn Taymiyyah

Ibn Taymiyyah said:

"If the second husband marries her with the intention of making her lawful for the first husband, then this marriage is invalid according to the majority of the scholars. This is the very ḥalālah which the Messenger of Allah ﷺ cursed."

📚 Reference:

Majmūʿ al-Fatāwā (Collected Fatwas), vol. 32, pp. 128–130

Also discussed in Al-Fatāwā al-Kubrā, vol. 3

He further clarified that Sharīʿah does not judge contracts merely by their outward form, but by the reality and intention behind them.

This principle is based on the foundational ḥadīth of the Prophet ﷺ:

"Indeed, actions are but by intentions, and each person will have only what he intended."(Ṣaḥīḥ al-Bukhārī, 1; Ṣaḥīḥ Muslim, 1907)

Thus, a nikāḥ (marriage contract) entered into with the intention of deception cannot transform the unlawful into lawful, even if its outward conditions appear fulfilled.

Statement of Ibn al-Qayyim

Ibn al-Qayyim wrote:

"The marriage of the muḥallil is forbidden and invalid. It is among the major sins and contradicts the objectives for which marriage was legislated."

📚 Reference:

Iʿlām al-Muwaqqiʿīn ʿan Rabb al-ʿĀlamīn, vol. 3, pp. 93–96

Also mentioned in Zād al-Maʿād, vol. 5 (Book of Nikāḥ)

He explained that Allah's law is not deceived by technicalities, and that corrupt intention nullifies the moral and legal purpose of nikāḥ.

Statement of Imām Mālik

Imam Malik held that:

A marriage contracted with the intention of ḥalālah is corrupt (fāsid) and must be annulled, even if consummation has occurred.

📚 Reference:

Al-Mudawwanah al-Kubrā, vol. 2, pp. 59–60

Also transmitted by Ibn al-Qāsim from Imām Mālik

Statement of Imām Aḥmad ibn Ḥanbal

Imam Ahmad ibn Hanbal said:

"The muḥallil and the one for whom it is done are both cursed. It makes no difference whether the condition was stated openly or concealed in intention."

📚 Reference:

Al-Mughnī by Ibn Qudāmah, vol. 7, pp. 137–139

Also cited in Masāʾil al-Imām Aḥmad narrated by his students

Statement of Imām al-Shāfiʿī

Imam al-Shafi'i affirmed that:

If a marriage is entered into with the intention of making a woman lawful for her former husband, it falls under the condemnation of the Sunnah, even if the contract outwardly appears valid.

📚 Reference:

Al-Umm, vol. 5, pp. 84–86

Explained further by al-Nawawī in Al-Majmūʿ Sharḥ al-Muhadhdhab

Scholarly Consensus (Ijmaʿ)

Based on these texts, the scholars are agreed that:Planned ḥalālah is ḥarām.It falls under the explicit curse of the Prophet ﷺ.

Intentions invalidate deceptive contracts It is a form of forbidden legal trickery (ḥīlah).It corrupts the sanctity and objectives of nikāḥ.No recognized school of Ahl al-Sunnah permits engineering marriage to bypass Allah's limits.

Final Reinforcement

Sharīʿah judges realities and truth, not deception and treachery.A contract designed to deceive Allah's law does not become obedience by changing its label.

The ruling against planned ḥalālah stands firmly upon:

1. The Qur'an

2. The authentic Sunnah

3. The principle that actions are judged by intentions.And the consensus of the scholars

Allah's law is not to be outwitted, but submitted to with sincerity.

❖ Affirmation by Contemporary

Scholars and Trusted Scholarly Platforms In addition to the clear positions of the classical scholars, the prohibition of planned ḥalālah and the requirement of genuine marriage with sincere intention have been consistently affirmed by well-known by contemporary scholars of Ahl al-Sunnah, including:

*. Abdul Aziz ibn Baz

*. Muhammad ibn al-Uthaymeen

*. Muhammad Nasiruddin al-Albani

*. Saleh al-Fawzan

All three deceased

Students of knowledge

*. Assim al-Hakeem (public lectures and educational content)

*. Uthman ibn farooq on YouTube(One Message Foundation)

Likewise, this ruling is clearly explained and upheld by reliable Sunni fatwa and knowledge platforms, including:

*. IslamQA.info

*. IslamWeb.org

These scholars and platforms consistently affirm that: Planned ḥalālah is ḥarām.It falls under the Prophetic curse. Intentions are central to the validity of actions

Marriage cannot be used as a legal trick to bypass Allah's limits

Final Note

This confirms that the ruling presented in this article is not isolated, not extreme, and not disputed, but rather firmly grounded in:Quran and Authentic Sunnah along with the understanding of the three favourite generations

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