Fatwa #143138 June 2006United Kingdom
If a man and his ex-wife seek to remarry then can they approach another man for the purposes of halaalah?
Question
I have been reading the book “The Complete System of Divorce” by Mufti Abdul Jaleel Qasmi (English Translation) and would be grateful if you clarify one point regarding Halaalah (pages 61-63).
I can understand that there cannot be any explicit mention in the Nikah of the Halaalah and that both or either the ex-wife and the second husband can decide, if they so wish, to continue with the marriage. However, I’m confused by the following statement under the section, “Intention of Halaalah is permissible without Karaahat - However, the second method, where there is only the intention of Halaalah and no verbal intention or such agreement, then according to the majority Fuquhaa, this is correct and permissible”, page 63.
My confusion arises from the use of the word “intention”. Obviously, discussions have taken place between the ex-wife and the man who is to perform the Halaalah that the intention of the marriage is for Halaalah. Does this constitute a verbal agreement or is this merely an intention between the two of them?
Does the word “Karaahat” in the above context mean that stipulating conditions before or during the Nikah (either verbal or written) are haraam?
Answer
Allah Ta'aala has only made it permissible for a man to marry his ex-wife, to whom he has issued three talaaqs, if the ex-wife has married another man after her iddah. It is a condition that the second marriage be consumated.
This 'procedure' cannot be arranged. Allah has cursed both, the first and second husband, if they make such an arrangement.
If, however, a man witnesses the difficulty faced by the couple and the family (especially when there are children born from the first marriage) after three talaaqs, and that the first husband has regretted his action, so he intends in his heart to marry the woman, consumate the marriage and thereafter divorce the woman so that she may become 'halaal' for the first husband then this is permissible and this is what is meant in Mufti Abdul Jaleel's book. If this person discusses with the first husband or wife then it becomes an arrangement and no longer remains an intention, hence it would problematic. (Fathul Qadeer and
Dars-e-Tirmizi)
and Allah Ta'ala Knows Best
Mufti Ahmed Suliman
FATWA DEPT.
CHECKED & APPROVED: Mufti Ebrahim Desai (Fatwa Dept.)