Wednesday, August 24, 2022

Halala – How to Abolish It Following Guidance from Quran and Hadith

By Hasan Mahmud, New Age Islam 24 August 2022 When A Woman Is Divorced By Her Husband And He Fails To Revoke The Divorce Before The Expiry Of The Waiting Period, The Relatives Of The Woman Should Not Try To Prevent The Couple From Re-Marrying If They Agree To Do So ----- Halala is a process of remarriage of divorced couples set by the Quran. Related parts of the verses are: - A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness……… if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her” - 2:229 & 230 - Yusuf Ali. Even if the husband repents and wants to continue the marriage (which happens often), the divorced wife is forced to marry another man, consummate the marriage, and get divorce from him to remarry her previous husband. We don’t have to be a rocket scientist to realize the insult and pain of the wife and the lifelong trauma of the kids in such case. As BBC reports - “The Women Who Sleep with a Stranger to Save Their Marriage” - The contexts and purposes of the verses are recorded in Imam Wahidi’s (d. 1075 AD.) book "Asbab al-Nuzul", the most authentic source of contexts and purposes of many Quranic verses. Here is excerpt from page 23 (scan of the page is at the bottom)- Traditionally after divorcing a wife, the husband could take her back before the end of the Iddat, even if he divorces her a thousand times…… a Sahaba divorced his wife and took her back just before the end of the Iddat. Immediately after this he divorced her again and said - 'By Allah! I will not take you back and I will never let you marry anyone else'. Then Allah revealed verses 2:229 & 230. Clearly, those verses were revealed to protect wives from cruel husbands. Instead, countless Muslim women were destroyed by abusing the verses by Halala. Here is how we can eliminate it: - “When ye divorce women, and they fulfil the term of their (‘Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms” - chapter 2:232, Yusuf Ali. The context and purpose of 2:232 is recorded in Sahi Bukhari 5429, Sahi Tirmiji 2992, Sunan Abu Dawud 2081 and in page 24 of "Asbab al-Nuzul"; scan of the page is at the bottom. Excerpt: - Sahaba Makal bin Yasar married his sister to a man who later divorced her. After the divorce was complete and she passed the waiting period (Iddat), they wanted to remarry but angry Makal strongly prevented it. Then verse 2:232 was revealed permitting their remarriage without Halala and they were remarried without Halala. In such case the husband must pay a new Bride-Money (Mehr). Mawdudi explains: - “When a woman is divorced by her husband and he fails to revoke the divorce before the expiry of the waiting period, the relatives of the woman should not try to prevent the couple from re-marrying if they agree to do so. This verse may also be interpreted to mean that if a divorced woman wants to contract marriage with someone other than her former husband after the expiry of the waiting period, the former husband should not obstruct this marriage by making malicious propaganda against the woman he has forsaken” – Tafhimul Quran. Prophet (S) said: - "There is nothing like marriage for two who love each other" – Sunan Ibn Majah, Volume 3 Hadith 1847. This is the Islamic way we can abolish the brutal practice of Halala. It is the same Quran and same Prophet (S), it is only a culture shift of using positive references from them. If the husband repents and wants to continue the marriage, why should a home and the lives of people including children be destroyed? Lest we forget, - “Truly, Allah loves those who turn unto Him in repentance and loves those who purify themselves”- 2:222 which is supported by 42:25. Add with this - Allah wants our lives to be easy; not difficult- 2:185 & 22:78. Note: - Quran in 2:229 details the process of divorce by husbands that gives him months to think and cancel the divorce. But the Sharia law of Teen-Talaq violates the Quran and deprives the husbands from the right and scope that Allah gave in 2:229. ---- Scans of pages 23 and 24 of “Asbab Al Nuzul” for contexts of verses 2:229, 230 & 232: ------ URL: New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism

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