Introduction

Halala in Islamic law refers to the practice where a woman, after an irrevocable divorce (Talaq-e-Bain), marries and consummates a marriage with another man before remarrying her first husband. The Quran mentions the principle in Surah Baqarah (2:230), which emphasizes that a woman cannot lawfully remarry her first husband after a third divorce unless she lawfully marries another man and that marriage ends naturally.

Islam introduced this rule to prevent men from issuing impulsive divorces. The intention behind halala was to preserve marital integrity and discourage rash decisions. However, modern misuse of the concept has distorted its original purpose. Many individuals now exploit it for financial and sexual gain, making it necessary to analyze its sectarian interpretations, juristic implications, and legal remedies under Islamic and Pakistani law.

Sectarian Interpretation of Halala

Sunni Schools of Thought

Conditions for a Valid Halala

All four Sunni schools (Hanafi, Shafi’i, Maliki, Hanbali) recognize the three types of divorce: Ahsan, Hasan, and Bid‘at. They consider Talaq-e-Bid‘at valid but disapproved (Makruh).
A valid halala occurs only when:

1. The first marriage ends through a valid, effective divorce.

2. The woman marries another man, consummates the marriage, and later becomes free through his death or divorce.

3. She completes her iddat period before remarrying her first husband.

Requirements for Valid Halala

According to Hanafi, Shafi’i, and Hanbali jurists, the second husband (Muhallil) must be capable of sexual intercourse, though not necessarily an adult. Maliki jurists require adulthood and lawful consummation. They also restrict intercourse during fasting, menstruation, or nifas.

The Maliki and Shafi’i schools invalidate marriages that include a precondition of tahleel (making a woman halal for her ex-husband). Hanbali and Hanafi jurists, however, consider the condition void but the contract valid.

Hanafi scholars allow women to include a self-divorce condition in fear of the muhallil’s refusal to release her. They deem halala makruh but valid, while other schools declare it haram and equivalent to zina.

Legal Precedents in Pakistan

Pakistani family law follows the Hanafi School. Section 7(6) of the Muslim Family Laws Ordinance (1961) allows remarriage without halala unless the divorce becomes effective for the third time.
The Federal Shariat Court in Saleem Ahmad v. Government of Pakistan (2014 PLD) and Fazli-E-Subhan v. Mst. Sabereen (2003 PLD) confirmed that khula and mubarat count as one irrevocable divorce, allowing remarriage without halala.
In Ghulam Muhammad v. The State (1993 PLD), the court ruled that post-divorce cohabitation without halala amounts to zina.

Shia Schools of Thought

Conditions for Valid Divorce and Halala

Shia fiqh considers a divorce valid only when performed expressly or through delegated authority. Oral triple divorces hold no legal effect. A valid talaq requires intention, witnesses, and a period free from menstruation or nifas.
Unlike Sunni law, Shia jurisprudence does not accept three divorces in one sitting. Hence, halala applies only when three valid, separate divorces occur with proper intervals.

Requirements for Halala

The muhallil must be a sane adult, and the marriage must be consummated lawfully. If the contract includes a tahleel clause, the clause becomes void but the marriage remains valid.

Shia law introduces the concept of ninefold divorce (talaq al-iddah), where after nine cycles of divorce and reconciliation, the woman becomes permanently unlawful for her husband. This rule underscores the seriousness of repeated divorce and remarriage.

Opinions of Independent Jurists

Most jurists unanimously condemn planned halala as a major sin. The Prophet Muhammad (PBUH) declared,

“Allah curses the muhallil and the muhallal lahu.” — Sunan Ibn Majah, Hadith 1936

Caliph Umar ibn Khattab (RA) warned that anyone engaging in such arrangements would face severe punishment.
Ibn al-Qayyim and Shaykh Ibn Baaz described arranged halala as invalid, immoral, and tantamount to adultery.
Jurists emphasize that intention determines legality — if the marriage occurs solely to legalize reunion, it violates Quranic spirit.

The Prophetic Hadith about “tasting each other’s sweetness” confirms that halala is only valid when the second marriage happens naturally and not as a preplanned arrangement.

Exploitation of Halala in Modern Times

1. Commercial Exploitation

Certain clerics and individuals have commercialized halala, charging women to marry and divorce them overnight. Reports from the BBC (2017) exposed clerics in the UK charging £2,500 per halala arrangement.
Such commercialization degrades the sanctity of marriage and preys on vulnerable divorced women.

2. Sexual Exploitation

Men posing as religious figures misuse halala to justify sexual relations under temporary marriages. They coerce or deceive women, using religion as a cover for exploitation. This misuse amounts to rape under Pakistani Penal Code Section 376.

3. Forced and Instant Halala

Some men pronounce instant triple talaq in anger or intoxication, then compel their wives to undergo halala. Others force women into sham marriages with relatives or acquaintances. Many victims face emotional abuse, custody loss, and social isolation.

Recommendations

1. Awareness and Education

Women must learn their constitutional rights under Articles 9, 14, and 25 of Pakistan’s Constitution and international charters such as:

• Universal Declaration of Human Rights (1948)

• CEDAW (1979)

• ICCPR (1966)
  Halala performed intentionally should become a punishable offense, holding the husband, muhallil, and registrar criminally liable.

2. Strict Enforcement

Registrars must refuse to solemnize tahleel-based marriages. Law enforcement should dismantle halala rings and prosecute clerics or brokers engaged in such arrangements.

3. Government and Civil Society Support

Government agencies and NGOs should empower women through shelter homes, legal aid, and counseling programs. Existing organizations like the Punjab Commission on the Status of Women should expand outreach to protect victims of forced halala.

4. Ban on Talaq-e-Bid‘at

Pakistan must outlaw triple talaq in one sitting to prevent impulsive divorces. This reform aligns with Quranic principles and protects women from degrading halala practices.

5. Reforming Divorce Laws

Pakistani law should recognize free consent as essential for a valid divorce. Courts must invalidate divorces given under coercion, fraud, or intoxication, allowing reconciliation without halala.

Conclusion

Halala began as a safeguard against hasty divorces but has turned into a tool of exploitation. When prearranged, it loses legitimacy and becomes haram.
Only natural and unplanned halala aligns with Islamic ethics. Curbing its abuse demands legal reforms, religious accountability, and public awareness. Governments and scholars must collaborate to restore the dignity of Muslim women and preserve the true intent of Islamic family law.