Home » Hanafi Fiqh » Askimam.org » No.6494 – a divorced couple wants to re-marry between them, they have to carry out Halaalah. Doesn’t it look very complicated process. Why is such a complication when the couple wants to re-join

No.6494 – a divorced couple wants to re-marry between them, they have to carry out Halaalah. Doesn’t it look very complicated process. Why is such a complication when the couple wants to re-join

Answered as per Hanafi Fiqh by Askimam.org

I received your answers for my question (question No.6494). Jizak-Allah-Khair. You have explined me the concept of divorce in Islam. In that, you have mentioned that suppose a divorced couple wants to re-marry between them (not with other spouses) they have to carry out Halaalah. Doesn’t it look very complicated process, i.e doesn’t it very complicated that the woman marry another man, consumates with him and gettibg divorced by him. Why is such a complication when the couple wants to re-join in their life? Why don’t they simply marry between them? NB: Your answer for my previous question reaches very quick. Thank you very much for that.

Answer

The rule of Halaalah applies in the case where the husband gave three
divorces. If the husband gave one or two divorces, the couple can remarry
without Halaalah. This is the law of Allah Ta’ala, which we do not question.

However, one reason we can understand is that in this way, Allah Ta’ala is
preventing divorce from becoming a toy to play with. If this rule was not
there, the couple can continue to divorce and remarry on and on. This makes
a mockery of divorce. Hence, the Shari’ah has allowed two opportunities for
possible mistakes. On the third occasion, the Shari’ah has made it very
strict, so that the act of divorce should not be taken lightly.

and Allah Ta’ala Knows Best

Moulana Imraan Vawda
FATWA DEPT.

CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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