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Permissible Conditions for Halaala Engagement: A Mufti’s Urgent Answer

Q: Respected mufti saheb this question is very urgent as the couple are about to engage in this action. Under what conditions is it permissible to engage in Halaala?

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A: If the halaala is not prearranged, it will be permissible (i.e. if a person, of his own accord, marries a woman with the intention of making her halaal for her previous husband, thereafter he consummates the nikah and without any force and coercion, he divorces her. After the iddat period, she will be halaal for her previous husband). However, if the halaala is prearranged by the respective parties, it will be impermissible. Nabi (Sallallahu Alaihi Wasallam) cursed the one who carries out the halaala, and those who arrange the halaala”.

عن الشعبي عن جابر بن عبد الله وعن الحارث عن علي قالا : إن رسول الله صلى الله عليه و سلم لعن المحل والمحلل له. (ترمذي 1/213)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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