Pre planned halalah

Q: Is pre planned halalah permissible in Islam. What I have heard is that it is a major sin but will the marriage with the previous husband be valid if it was done only for the purpose of making the woman halal for the first husband?

A: If the halaalah was pre arranged between the first husband and the person who did the halaalah (second husband), then this is not permissible and is a major sin. The hadith has explained that both people are cursed by Allah Ta'ala. However, despite the halaalah taking place in an incorrect manner, the halaalah will be valid and the wife will become halaal for the first husband after she completes her iddat of the second nikaah.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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