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Is it permissable to have nikah of halala after three Divorce


Is it permissable to have nikah of halala after three Divorce? What are the regulations for the application?


Salamun Alaykum

Thank you for your query.

فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ ۗ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

So if he divorces her she shall not be lawful to him afterwards until she marries another husband; then if he divorces her there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of Allah, and these are the limits of Allah which He makes clear for a people who know. (Surah Baqarah/230)


Nikah halala also known as tahleel marriage, is a practice in which a woman, after being divorced by triple Talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband

In classical Islamic law, a husband may divorce by simply announcing to his wife that he repudiates her (talaq). The initial declaration of talaq is a revocable repudiation (Talāq rajʿah) which does not terminate the marriage. The husband can revoke the divorce at any time during the waiting period (‘iddah) which lasts three full menstrual cycles. Resumption of sexual relations automatically retracts the repudiation. The divorce becomes final when the waiting period expires. This is called a “minor” divorce (al-baynuna al-sughra) and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a “major” divorce (al-baynuna al-kubra), after which the couple cannot remarry without an intervening consummated marriage by the wife to another man. This is known as tahlil marriage or nikah halala. Making the third pronouncement irrevocable acts as a deterrent to rash repudiations

In Sunnis, the three Talaq can be said in one sitting whereas in Shias, the three Talaq has to be in different sittings and according to Shias, saying the three Talaq at one time is not considered three, which is closest to the teachings of Quran and Sunnah because people in anger divorce their wives and sometimes utter the words three times which according to other sects, is acceptable and makes problem later when the person is out of the stage of anger. In Ahlus Sunnah, the three Talaq in one sitting was made popular and continued by the second caliph.

Therefore, if a man divorces her wife three times, the wife becomes Haram on him until a Muhallil(مُحَلِّل) i.e: another man marries this woman and has intercourse and then divorces her. In this situation after getting divorce from the  Muhallil(مُحَلِّل) and observing her Iddah period, the woman can marry the first husband or can remain with the other man she marries.

Main differences in Shia & Sunni Nikah

In Sunnis, it is mandatory to have two adult male witnesses at the time of Nikah whereas there is no need of witnesses at the time of divorce(Talaq) but Shias do not have such condition to have two witnesses present at the time of Nikah ceremony but it is mandatory to have the witnesses at the time of divorce(Talaq).
This shows that Islam doesn’t encourage divorce but where divorce is necessary then witnesses are required according to Shias. It also indicates that Nikah is easier in Shias and divorce is harder.

Philosophy of Halalah:

May Allah(swt) grant you success


Syed Haider