Fatwa #88044 June 2003South Africa
Can halala take place ONLY BY ARRANGEMENT so that a couple may re-marry after 3 talaaqs were given?
Question
My ex and I have been advised that I cud make nikah with someone (by agreement) so that after he gives me talaaq, I will be able to re - marry my ex.I was given 3 talaaqs by my ex and we are not living together, though we would like to reconcile ONLY if it were possible.Pls advise if the halala procedure is an option, Jazakallah.
Answer
It is Makrooh-e-Tahrimi (abhorred) to perform Nikah with the express condition of Halaalah. However, if the intention of Halaalah is concealed at the time of marriage, it is not Makrooh. (Raddul Muhtaar vol.3 pg.414; HM Saeed)
The person performing the second marriage will be rewarded if he marries with the sole intention of reconciling the wife to her former husband. The curse in the Hadith is when Halaalah is done with remuneration. (Dars-e-Tirmidhi vol.3 pg.398-401; Karachi)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
The person performing the second marriage will be rewarded if he marries with the sole intention of reconciling the wife to her former husband. The curse in the Hadith is when Halaalah is done with remuneration. (Dars-e-Tirmidhi vol.3 pg.398-401; Karachi)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai