Wednesday, October 04, 2017

Lizzie Schofield: "Halala" Marriage - Pfander


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by Lizzie Schofield
The BBC recently published a report on the controversial practice of Halala marriage. Halala marriage is a temporary marriage (which must be consummated) for the purpose of enabling a divorced woman to be reconciled with her husband. Farah, a woman considering Halala marriage, told of women who
“…went to the mosque, there was apparently a designated room where they did this stuff and the imam or whoever offers these services, slept with her…”
The article went on to qualify that this is a practice that the ‘vast majority’ of Muslims are strongly against and was strongly condemned by Khola Hasan of the Islamic Sharia Council.
But is this really the case? What is it that convinces women like Farah that halala is valid? Does it have any basis in the Qur’an or the supporting Scriptures?
Let’s examine the Qur’an, Sura 2:230:
“And if he [the husband] has divorced her (the third time), then she is not lawful unto him thereafter until she had married another husband.”
This view is supported by Ibn Abbas (687 CE), Ibn Kathir (1373 CE); it is also found in Bukhari (870 CE) 52605264 and 5265. Here’s Bukhari 5264:
Nafi’ said:When Ibn ‘Umar was asked about person who had given three divorces, he said, “Would that you gave one or two divorces, for the Prophet () ordered me to do so. If you give three divorces then she cannot be lawful for you until she has married another husband (and is divorced by him).”
It also has support from the Hanafi’s al Mukhtasar (767 CE, pp427-8) and Shafi’I – ‘Reliance of the Traveller’ (820 CE n7.7) schools of fiqh, and from the Deobandi movement. The Deobandis, are an ultra-conservatives Sunni Muslim sect who control around 45 per cent of Britain’s mosques, and nearly all the UK-based training of Islamic scholars – you can find out about them on this Radio 4 documentary, and The Spectator.