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Is pre planned Halaalah valid although it is haraam?

1) Is preplanned Halaalah valid although it is haraam 2) The 2nd husband that she marries, during intercourse is it sufficient to just penetrate or does he have to ejaculate inside her for the halalah to be valid? 3) Will the Halalah still be valid if he wears a condom during intercourse? 4) how long is she required to be married to him before he can divorce her, for the halalah to be valid?

Answer

(Fatwa: 976/738/H=1431)

 

(1) What is the method of pre-planned halalah? Write it clearly.

(2) The nikah with the second husband was performed in simple manner i.e. there was no condition of halalah, then the nikah was valid and effective. It is not wajib on the second husband to divorce her, if he wishes he can keep her as a wife forever with good manner. However if he divorced her after intercourse, then though there was no seminal discharge. divorce shall take place and iddah shall be wajib. Then, after completing the iddah period this woman shall be eligible for her new nikah, she can marry where she wishes. If she wishes to marry the husband who has given her three talaqs she can. The same ruling is in the case of doing intercourse with condom.

(3) Same as no. 2

(4) Talaq will take place when he divorces her. However if he divorced her after one intercourse and iddah period of talaq passed, then it is enough for to make new nikah halal (lawful) with first husband.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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