Nikah Halala
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Shia and much Sunni jurisprudence of Sharia disallows a couple remarrying after having been through three divorces.
Some Sunni schools view a triple talaq, when the husband saying "I divorce you" three times in a row, as equivalent to three single talaq. Other Sunnis and Shia treat that as a single divorce, arguing that Muhammad did so and Umar having no authority to change that (Muslim 3491, 3492).
Theoretically couples cannot remarry until the ex-wives marry another men, to ensure that divorce is not taken lightly. However there is a legal stratagem that can be used to allow remarriage for couples who repent their decision to separate. It requires the former wife to marry somebody else (and sometimes have sexual intercourse in between). Usually this is achieved by marriage with somebody who agrees to help the couple.
Shia use Nikah Mut'ah.
In Sunni jurisprudence, they need to engage in a Nikah with the intention of divorcing as soon as sexual intercourse takes place. This sort of marriage is referred to as Nikah Halala. As can be easily imagined the whole process is fraught with emotional turmoil.
After iddah is observed, the original couple may remarry.
Nikah Halala is used mainly in countries that recognize the triple talaq.
[edit] See also
[edit] External links
- http://www.islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=21340
- http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=36580&dgn=4
Sunni site critical of Nikah Halala
