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What is the logical reason for halālah?

Question

i want to ask you that what is the logical reason and why is it neccessary for a women to get married with another person after 3 talaaqs in order to get married again with her previous husband?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

As Muslims, our basic purpose in this life is to submit to the rules, orders and commands of Allāh Ta‘ālā. The primary benefit of obedience to Allāh is achieving His pleasure and eternal happiness in the life to come. Allāh Ta‘ālā says:

وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ وَيَخْشَ اللَّهَ وَيَتَّقْهِ فَأُوْلَئِكَ هُمُ الْفَائِزُونَ

“Whoever obeys Allāh and His Messenger and fears Allāh and is conscious of Him (and His injunctions), those are the successful ones.” (Qur’ān, 24:52)

A slave does not question his master’s orders or the wisdoms behind them, but dutifully carries out his commands. Similarly, Muslims must obey the laws of Allāh Ta‘ālā without question and without demanding to know the wisdom behind each and every law.

However, it is from the mercy of Allāh Ta‘ālā that the benefits of complying with His laws are not limited to the next world, but are also experienced in this temporary abode. Allāh Ta‘ālā says:

منْ عَمِلَ صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَى وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ

“Whoever, male or female, has acted righteously, while being a believer, We shall certainly make him live a good life, and shall give such people their reward for the best of what they used to do.” (16:97)

This verse promises that Allāh will grant the person who is obedient a good life in this world. The ‘ulamā’ mention that one of the ways this will materialise is Allāh Ta‘ālā will grant him sufficient provision and contentment of the heart.[1]

Besides these broad material benefits of obedience, there are also specific benefits to each injunction of Sharī‘ah. These worldly benefits, however, are sometimes visible and clear to us, and at other times they are not. Some of the worldly benefits of avoiding intoxication and gambling, for example, are expressed clearly in the Qur’ān (5:91).

However, it must be borne in mind that the primary reason why we carry out the injunctions of Sharī‘ah are not their worldly benefits or wisdoms. If that was the reason, it would entail we are aware of the wisdom behind every law of Sharī‘ah, which is certainly not the case. Rather, the primary reason is obedience to Allāh, and obedience itself is a great incentive for a slave to follow the laws of his True Master and Benefactor.

As far as the injunction in reference is concerned, Allāh Ta‘ālā says:

فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ

“If he (i.e. the husband) divorces her (a third time), she is not lawful for him thereafter until she has intercourse with another husband.” (2:230)

The clear injunction found in this verse is the reason why the law of halālah is necessary. Moreover, it comes in hadīth:

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ، حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا: جَاءَتْ امْرَأَةُ رِفاعَةَ القُرَظِيِّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَقَالَتْ: كُنْتُ عِنْدَ رِفَاعَةَ، فَطَلَّقَنِي، فَأَبَتَّ طَلاَقِي، فَتَزَوَّجْتُ عَبْدَ الرَّحْمَنِ بْنَ الزَّبِيرِ إِنَّمَا مَعَهُ مِثْلُ هُدْبَةِ الثَّوْبِ، فَقَالَ: «أَتُرِيدِينَ أَنْ تَرْجِعِي إِلَى رِفَاعَةَ؟ لاَ، حَتَّى تَذُوقِي عُسَيْلَتَهُ وَيَذُوقَ عُسَيْلَتَكِ»، وَأَبُو بَكْرٍ جَالِسٌ عِنْدَهُ، وَخَالِدُ بْنُ سَعِيدِ بْنِ العَاصِ بِالْبَابِ يَنْتَظِرُ أَنْ يُؤْذَنَ لَهُ، فَقَالَ: يَا أَبَا بَكْرٍ أَلاَ تَسْمَعُ إِلَى هَذِهِ مَا تَجْهَرُ بِهِ عِنْدَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
The wife of Rifā‘ah al-Qurazī came to the Prophet (Allāh bless him and grant him peace) and she said: “I was with Rifā‘ah, and he divorced me, making my divorce divisive (i.e. he issued three divorces), so I married ‘Abd al-Rahmān ibn al-Zubayr…” He said: “Do you wish to return to Rifā‘ah? No (you may not), until you taste his honey and he tastes your honey (i.e. perform sexual intercourse).” (Sahīh al-Bukhārī)[2] 

The ‘ulamā’ have mentioned that the worldly wisdom of this ruling is to deter the husband from issuing divorce. A man generally finds it extremely intolerable for another man to sleep with his wife. Thus, making halālah a condition for taking his wife back after three divorces is a strong deterrent to divorce.[3] Divorce is reprehensible in Islām, as it entails the breakup of families and leads to societal turbulence and corruption. Rasūlullāh (sallAllāhu ‘alayhi wasallam) said:

أبغض الحلال إلى الله الطلاق

“The most despised of lawful (acts) to Allāh is divorce.”[4]

Hence, one of the wisdoms behind the law of halālah is to minimise divorce rates, and as a consequence, prevent social breakdown and corruption.

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

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