The Devastating Consequences of Triple Talaq and Halala in Islam
The Catastrophe of Three Divorces at Once
Islam has established the law of marriage for the comfort and tranquility of the husband and wife. Indeed, marriage changes the course of life, bringing about transformations in character, expanding thinking, and infusing wisdom. The bond between husband and wife grows stronger than even blood relations. However, in society, narrow-minded individuals, especially an uninformed mother-in-law, often try to disrupt this strong relationship from the outset, sometimes creating a rift or even leading to divorce, despite having enjoyed a similar marital life themselves.
Nevertheless, marriage brings affection, love, and peace of mind to both partners, as mentioned by Allah.
وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا لِّتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ (الروم:21)
Translation: And among His signs is that He created for you from yourselves spouses that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for people who give thought.
Divorce is contrary to this tranquility and peace. Therefore, while divorce is permissible, it should only be considered in unavoidable situations, not over trivial matters. A husband should think a thousand times before divorcing, to avoid hasty decisions. Humans are prone to errors, and it is unjust to blame the woman alone for any problem. It is true that women, due to their sharp temperament and nature, often surpass men in sharpness, but one should not retaliate for this with divorce. Forgiveness is a noble quality that encourages concealing mistakes.
إنَّ المرأةَ كالضِّلَعِ، إذا ذَهبتَ تقيمُها كسرتَها، وإن ترَكتَها استمتعتَ بِها وفيها عِوَجٌ(صحيح مسلم:1168)
Translation: The woman is like a rib; if you try to straighten it, you will break it, but if you leave it as it is, you will enjoy it despite its crookedness.
Another hadith explains that the breaking (kaser) refers to divorce; attempting to straighten the woman forcibly will lead to divorce.
There are significant consequences of divorce, yet it remains permissible in unavoidable circumstances.
The issue being discussed here is the giving of three divorces at once. Did Islam allow the giving of three divorces in one sitting? If a person gives three divorces at once, will all three be valid or is there some flexibility for the wife?
The practice of giving three divorces at once has become such a dangerous issue for society that it has turned many women’s lives into turmoil. Islam is a clear and natural religion, and it never allows even the slightest injustice. There is a concept of three divorces in the light of the Qur’an and Sunnah, but there are specific rules and regulations. A man is only allowed three divorces, but they cannot be given at once; they must be given at separate times for each to count as a separate divorce. If given all at once, they will count as one divorce. Allah clearly stated that divorce must be given at separate times. The Qur’anic verse states:
الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ (البقرہ:229)
Translation: Divorce is twice, then either retention in a good manner or release with kindness.
This verse shows that two divorces must be given at different times. If two divorces are prescribed at separate times, then the time for three divorces would naturally be separate as well. Furthermore, the verse indicates that the husband has the right of reconciliation until the second divorce. After the third divorce, the right of reconciliation is lost, and the wife is permanently separated.
In other words, Allah has given people the right to one divorce at a time; if someone gives three or even three hundred divorces at once, only one will count as Allah has prescribed. A logical example of this is if someone has a gun with one bullet and says, “I will shoot you with three bullets.” Clearly, only one bullet will be fired. Similarly, just as the five daily prayers must be performed at their respective times, one cannot offer all five at once. Similarly, giving three divorces at once will count as one.
Those who claim that three divorces given at once count as three are clearly disobeying Allah’s command. This verse indicates that after the first and second divorces, the husband is given time to reconsider his decision. This opportunity to reconsider could potentially reconcile the husband and wife. However, when people started to disregard this opportunity, the catastrophic consequences of divorce began to appear.
The rush in giving three divorces was the reason why Umar ibn al-Khattab (may Allah be pleased with him) temporarily implemented the rule of considering three divorces as three. Otherwise, during the time of the Prophet (peace be upon him), if someone accidentally gave three divorces, it was counted as one. See the hadith from Sahih Muslim:
كان الطلاقُ على عهدِ رسولِ اللهِ صلَّى اللهُ عليهِ وسلَّمَ وأبي بكرٍ وسنتين من خلافةِ عمرَ ، طلاقُ الثلاثِ واحدةً . فقال عمرُ بنُ الخطابِ : إنَّ الناسَ قد استعجلوا في أمرٍ قد كانت لهم فيهِ أناةٌ . فلو أمضيناهُ عليهم ! فأمضاهُ عليهم .(صحيح مسلم:1472)
It was reported that during the time of the Messenger of Allah (peace be upon him), Abu Bakr, and the first two years of Umar ibn al-Khattab’s caliphate, three divorces given in one sitting were considered as one. Umar ibn al-Khattab said, “People have hastened in a matter that previously required patience. Should we not enforce it on them?” So, he enforced it on them.
This hadith provides clear evidence that three divorces given at once were counted as one. Umar ibn al-Khattab, being the caliph, enacted this as a punishment because people had started rushing into divorce matters and neglecting the opportunity for reconsideration. The words of the hadith clarify this point.
فقال عمر بن الخطاب إن الناس قد استعجلوا في أمر قد كانت لهم فيه أناة فلو أمضيناه عليهم فأمضاه عليهم۔
“Umar said” means it was Umar’s statement. He saw that people were rushing in the matter of divorce, whereas they had been given time for reflection. Therefore, to prevent this haste, he implemented the ruling of three divorces as three, to deter people from rushing in future matters of divorce. This was not a ruling from the Prophet (peace be upon him), but a decision from Umar, which can be considered as a form of judicial reasoning.
The Curse of Triple Talaq and its Impact on Society:
In today’s society, the common misconception is that divorce means giving three talaqs at once. Minor issues lead to men giving three talaqs at once. For example, if a husband returns home late and the wife, having gone to bed, takes time to open the door, the husband may give three talaqs. Some even give three talaqs over trivial matters: “You went to someone’s house, so that’s three talaqs,” or “You spoke to this person, so that’s three talaqs.” This curse of triple talaq falls heavily on the innocent wife, her children, and the family.
Giving three talaqs at once is considered a serious sin by the Hanafi scholars. In fact, it suggests severe punishment in the afterlife. Immediately after the triple talaq, the issue of halala arises.
Halala:
Halala refers to a situation where a woman, who has been given three talaqs at once, must marry another man with the condition that he must divorce her after consummating the marriage, allowing her to become lawful for her first husband again. This practice, when examined in the light of Islamic teachings, reveals how oppressive and rebellious it is. On one hand, the woman is subjected to the curse of three talaqs, and on the other, she is handed over to another man for the sake of making her lawful again for her first husband. The second man’s only purpose is to fulfill the physical requirement and then divorce her. Isn’t this mockery of the Sharia? Is this not a form of mut’ah (temporary marriage)?
For this very reason, Allah’s curse is upon those who practice halala. The Prophet (peace be upon him) said:
ألا أخبرُكُم بالتَّيسِ المُستَعارِ قالوا بلَى يا رسولَ اللَّهِ قالَ هوَ المُحلِّلُ لعنَ اللَّهُ المُحلِّلَ والمُحلَّلَ لَهُ (Sahih Ibn Majah: 1585)
Translation: “Shall I not inform you about the hired bull? The companions replied, ‘Yes, O Messenger of Allah.’ He said, ‘It is the one who does halala. May Allah curse both the one who performs halala and the one for whom it is performed.'”
The Prophet (peace be upon him) referred to the one who practices halala as a “hired bull.” Umar ibn al-Khattab (may Allah be pleased with him) considered it a form of adultery and, for those involved in this practice, would pronounce the penalty of stoning (rajm).
عَنِ الثَّوْرِيِّ، وَمَعْمَرٍ، عَنِ الْأَعْمَشِ، عَنِ الْمُسَيِّبِ بْنِ رَافِعٍ، عَنْ قَبِيصَةَ بْنِ جَابِرٍ الْأَسْدِيِّ قَالَ: قَالَ عُمَرُ بْنُ الْخَطَّابِ: لَا أُوتَى بِمُحَلِّلٍ وَلَا بِمُحَلَّلَةٍ إِلَّا رَجَمْتُهُما (Musannaf Abd al-Razzaq: 6/265)
Translation: “It is narrated from Thawri and Ma’mar, from Al-A’mash, from Musayib ibn Rafi’, from Qabeesah ibn Jaber that Umar ibn al-Khattab (may Allah be pleased with him) said: ‘If I am informed about someone who has performed halala or is for whom halala has been performed, I will have them stoned.'”
The Devastating Impact of Triple Talaq and halala on Society:
The immediate impact of triple talaq and halala is devastating for society. Women, children, families, and entire communities suffer due to this practice. Let us briefly examine the consequences of this curse:
Mental Stress:
Women who are given triple talaq at once immediately fall into mental distress. Divorce already has a profound effect on the body and mind, and when a woman is given three talaqs at once, her thoughts immediately turn to halala, which shakes her to the core. Only those who have experienced this can truly understand the pain. There are even businesses now where “halala” is advertised, with signs reading, “halala services available here.” This is a direct mockery of Islam and its sacred laws.
Shamelessness of the One Performing halala:
The person who performs halala is involved in a disgraceful and shameful act. Such men, who seek out opportunities to perform halala, are driven by lust, often targeting vulnerable women. This becomes a gateway for further immoral behavior, and soon they become embroiled in such debauchery. This type of behavior spreads like a disease, especially among those who hold onto flawed interpretations of Islamic law.
The Strangulation of the Couple’s Relationship:
Even if the woman is allowed to return to her first husband after halala, the relationship is forever tainted. The emotional and psychological scars of the experience remain, leading to a sense of mistrust, shame, and mental anguish. The once-loving relationship turns into one filled with discomfort, and the couple may never regain the peace and affection they once shared.
Conflict with the One Who Performs halala:
In some cases, after halala has been performed, the man who was supposed to give the woman a divorce after one night may refuse to fulfill his part of the bargain. He may demand a high amount of money before granting the divorce, further exploiting the woman. This situation creates conflict between the woman, her first husband, and the one who performed halala. Such incidents often lead to physical violence and emotional turmoil for everyone involved.
Injustice to Children of Divorced Women:
The consequences of triple talaq extend beyond the woman to her children. The divorce disrupts the upbringing of the children, as they are forced to navigate the complexities of a broken home. If halala occurs and the woman returns to her first husband, their family life becomes strained, affecting the children’s development and well-being.
The Impact of halala (Adultery) on Society:
halala promotes immorality and shamelessness within society. Women who have undergone halala often struggle to forget the experiences they had with the other man. This creates a cycle of emotional and physical dissatisfaction, leading to further sinful behavior and the spread of immorality throughout the community.
The Fitna of Triple Talaq:
The least impact of divorce is on two families, and witnessing this fitna causes damage to the entire society. The practice of giving three divorces at once is so cruel that it immediately raises thousands of questions. To resolve these issues, people first approach scholars. They narrate their sad stories, shedding tears over the destruction of children, and eventually, they seek fatwas. Some scholars say to pay expiation (kafara), others say to perform halala (a special marriage to remarry the first husband), some say that a divorce given in anger doesn’t count, others say divorce cannot happen without witnesses, and some say divorce doesn’t happen during pregnancy. In the end, everything circles around halala, which is undoubtedly a form of zina (fornication). Two families are badly affected by this fitna.
Rental Halala Offices:
Due to the issue of triple talaq, another office has been added to the world: the rental halala office. According to a report published in the UK, women who have been given triple talaq are losing their honor in these halala offices and, as a result, are giving away their dignity by becoming temporary brides for one night. Often, they end up suffering from psychological disorders. Secret halala centers have been established in cities like London, Birmingham, and Bradford. Scholars are aware of these centers but do nothing due to fear of bad publicity. Some people who fear being disgraced by performing halala hire secret agencies to carry out the act so that others do not find out. This covert halala is nothing but pure adultery, and these secret centers spread unimaginable levels of immorality. It is not just in the UK that such centers exist; they are found in many places. Some religious schools and homes of certain clerics also harbor halala offices. These people have agents spread across the cities who search for women who have experienced triple talaq and bring them in for halala, using them for sexual pleasure under the guise of religious sanction. Some of these men exploit these women for several days, treating their dignity as a mere tool.
The Wrath of Unbelieving Governments on Divorce:
The torment brought upon women and society due to triple talaq has pushed many into darkness. In such an atmosphere, women of honor are waking up and knocking on the doors of the government when they can find no way forward with religious scholars. One such woman, Sayyara Bano (from Northern Uttar Pradesh), was a victim of triple talaq, where her husband sent her a divorce letter. She could no longer contact him, as he had blocked all communication. She said, “I am concerned about my children; lives are being ruined.” She eventually took the issue to the Supreme Court and filed a petition to impose a complete ban on triple talaq. No one could have anticipated that her case would lead to the Indian government imposing a ban on the practice. Women are now seeking help from the government instead of religious scholars, and the government is enforcing its laws on our social issues. This is a matter of greater blame on us than on the government. After the ban on talaq, Muslims are being reminded to solve their issues through the Quran and Sunnah. While the protection of Muslim Personal Law is essential for our faith, the board’s sectarianism has led to this unfortunate situation. The government’s decision and actions should serve as a lesson to the responsible authorities in the boards, so that no future issues related to Muslim Personal Law bring us to a point where Muslims are prevented from practicing their personal laws.
It is not too late. We must save society from the torments of triple talaq and halala. The only solution is to follow the Quran and the Sunnah of the Prophet ﷺ. Islam has instructed men to give only one talaq at a time, and we must adhere to this. If, by mistake, a person gives three talaqs in anger, it should be counted as only one. This is the right way, and it is in everyone’s best interest.
May Allah guide the scholars to understand the true religion, as only through them can the reform of the public take place. Until they inform the people that three divorces at one time count as just one, some wise members of society are waking up, freeing themselves from the influence of ignorant scholars, and trying to understand the religion independently and act on the truth they find.
Written by: Maqbool Ahmed Salafi
Islamic Dawah Center, Northern Taif (Misrah)