📜 Akad nikah · #42
What is the ruling on a muhallil marriage (cina buta) to return to a former husband?
A muhallil marriage (cina buta), that is, marrying solely so that a woman divorced three times becomes lawful for her former husband again, is forbidden, and the Prophet ﷺ cursed the muhallil and the man for whom she is made lawful.
The Qur'an states that a woman divorced three times is only lawful for her former husband after she marries another man genuinely, they are intimate, then they divorce or the husband dies naturally, and her ʿiddah ends (2:230). The second marriage must take place out of a genuine wish to build a home. If the condition "divorce after intimacy" is stated in the contract, the contract is invalid in the Shafi'i school; if it is merely intended, the schools differ.
Such schemes degrade the dignity of women and of marriage. If you are in a situation of three talaq, accept that outcome and seek guidance. See Rujuk & Remarriage.
The Qur'an states that a woman divorced three times is only lawful for her former husband after she marries another man genuinely, they are intimate, then they divorce or the husband dies naturally, and her ʿiddah ends (2:230). The second marriage must take place out of a genuine wish to build a home. If the condition "divorce after intimacy" is stated in the contract, the contract is invalid in the Shafi'i school; if it is merely intended, the schools differ.
Such schemes degrade the dignity of women and of marriage. If you are in a situation of three talaq, accept that outcome and seek guidance. See Rujuk & Remarriage.
Difference among the schools. If the intention of tahlil is not stated in the contract, the Shafi'i and Hanafi schools consider the contract valid though disliked (makruh); the Maliki and Hanbali schools consider it void.
Sources
Surah al-Baqarah 2:230Sunan Abu Dawud 2076 (sahih)Jami' at-Tirmidhi 1120 (sahih)