Halala : Another Name For Rape Of Muslim Women.

[ghulam muhammed]

WHAT IS HALALA
"After pronouncing Talaq, the wife becomes haram for the husband. If he wants to remarry the same woman, the rules are set - once the mandatory Iddat period of three months and 13 days gets over, the woman has to get married to someone else. This marriage has to be consummated. After the second husband divorces the woman, the first husband is free to marry her once again after three months and 13 days. However, Halala-fixing is strictly prohibited in Islam. “Maulana Khalid Rashid Firangimahali

VEILED CRIMES Some victims have been subjected to Halala an excruciating two to eight times. Sometimes a close friend of the husband or even the brother obliges. Holding a placard that says 'Halala is nothing but the vilest of rapes', the frail and waif-like Rubaiya Ahmad shudders as she recalls the darkest night in 35 years of her life - when she allowed another man into her bed.

"I felt totally numb and dead inside. But that was the only option left to reclaim my two sons, “she says.”Moreover, the Maulvi sahib had warned me that no one would participate in my funeral procession and my family would be ostracised if I flouted the Shari’a’s command. "

Jalal, Rubiya's "husband" for one night, was not particularly bothered about her turmoil. He was there for a purpose - to help his close friend salvage his marriage. A night after the Nikah and the mandatory consummation, he divorced Rubaiya without a fuss.

It has been seven years since Rubaiya got back with her first husband, but the horror of Halala has stayed on. "I feel as if the man I married died the day someone else defiled my body,” she declares with vehemence. Her only concern now is to ensure somehow that her sons never get to know about the humiliation their mother faced, for "it would shatter them, or worse, they may blame me for the episode".

Last week's meeting held by the Bharatiya Muslim Mahila Andolan (BMMA) proved to be a catharsis of sorts for two dozen-odd victims of mental violence - namely Halala and triple Talaq. "Many who went through this could not gather enough courage to come out and face the world,” says BMMA president Naish Hasan.

Last week, Naish created ripples in conservative Lucknow by dashing off a letter to the octogenarian president of the All India Muslim Personal Law Board. Pressing for inclusion of women's issues on the agenda in its next executive meeting, it pointedly demanded a ban on Halala and triple Talaq, apart from recommending a codification of the Sharia to escape misinterpretation. "The response from AIMPLB, was as anticipated - nil, " says Naish.

In her letter, Naish mentioned seven victims who were subjected to Halala an excruciating two to eight times. One of them is Zainab Rubaiya whose husband literally turned her into a prostitute "He would pronounce 'Talaq Talaq Talaq' when drunk, when annoyed, when fired from his job, when clubbed by the beat constable or when I stopped his mother from hitting me with a ladle, " she says. "Any occasion was good enough to boot me out. "

Zainab recollects that after every Halala, her husband would weep, standing alongside their children. "I bore Halala seven times. It's a terrible feeling to walk down the road, knowing that everyone in the Mohalla keeps a count of your moles and curves, “she says, teary-eyed. For women like Munni, whose brother-in-law volunteered for Halala, the situation is even more humiliating. "Imagine facing him every day and pretending to be normal, " she says.

Contrary to the popular belief that Halala is confined to the rural belt, Naish claims that she has listed 11 such cases in the last two months in Lucknow alone. "However, women in the city are turning rebellious, “she says. "Some of them have walked out of the marriage after Halala was ordered - in fact, one woman begs in the Imambara as she believes that begging is more respectable than getting raped every sixth months. "

The number of Halalas is on the rise, confirms Kamal Khan, a Lucknow-based journalist. Interestingly, Halala is also fraught with risks for the men now - there are instances where the second husband has violated the terms of a fixed Halala and refused to part with the woman, often because she was prettier than his own wife. "So caution is the key word now, " claims Kamal, who is making a documentary on the practice and has even recorded details of a Halala service run by Maulvis in Ghazipur and Faizabad. "The cleric in Akbarpur has inherited a lucrative business from his father. He conducts the marriage and divorce ceremonies. The business is growing, “he says.

According to Khan, Halala-fixing is nowhere mentioned in Islam. The provision is made for "ittifaqan Talaq" by the second husband - meaning the woman can remarry the first husband if the second husband genuinely divorces her and the move is not carried out under a well-calculated strategy. The way it is followed today, the practice is totally against the spirit of Islam, " he says.

Zainab has a suggestion that she is too timid to air publicly. "If a man divorces his wife and then wants her back, let him be flogged, skinned or even sodomised,” she says. Why should the poor woman be made to suffer instead? What kind of justice is this? Even animals don't mate on order. "

[anajmi]

the frail and waif-like Rubaiya Ahmad shudders as she recalls the darkest night in 35 years of her life - when she allowed another man into her bed.

Why did she allow it? Not once but 7 times? She could've said no.

For women like Munni, whose brother-in-law volunteered for Halala,

Well, Munni volunteered to participate in the Halala too right? She could've said no.

[humanbeing]

Why such rules are set in first place .. what is the logic of Halala when it was setup in Islam .. ??

All good things about women and her rights are left in the book only .. when it comes to reality .. Islam is nicely Male favoured .. and so called Musalmaans who display themselves to be pious with beard, no moustache, black mark on the heads, as true followers of ISlamic shariaah .. bunch of desperate rascals, will ask thier women to cover from head to toe .. but in thier conscience they will bent the rules to satiate thier lust.

What freaking logic does this rule hold ... when a couple divorces .. wife has to be married to someone else .. have sex and revert back to same rascal .. all in the name of religion .. Men had fun !! .. where does sanctity of women go as per Islam ...

Even in concept of 4 wives .. men can lust around between 4 women at his religiously justified pleasure !! no wonder Muslim men loves Islam so much .. and trumpets its shariaah law over the society ... with respect to such laws which are men favoured .. and still justifies Islam to be fair and rational to both genders .

Look at Saudia Arabia and its Law making Mullahs !! women are allowed to just breathe I guess !! (exaageration apologized)...

[Muslim First]

humanbeing AKA uper se Aadha Maqam Khali questioned on Fri Dec 09, 2011 12:57
Why such rules are set in first place .. what is the logic of Halala when it was setup in Islam .. ??

Divorce is most disliked in Islam and in order to prevent people using Talak lightly this system of Halala came in.
This means you have to think very hard about consequences of Divorce.
If you love your wife you will not pronounce Talak unless you definitely do not want to reconcile with her. This is to warn you that she will have to go thru this Halala and then and then you can take her back.

Of course it is unfair to women in this day and age.

[anajmi]

What freaking logic does this rule hold

This rule is a condition. It is a condition to prevent people like the husbands mentioned in this thread to keep throwing around talaq knowing that taking the talaq back is extremely difficult. No one wants to share his wife with others and this takes care of most people who get the urge to say talaq. There is nothing wrong with this system. A husband who throws talaq should bear the consequence of it. Now here you might say that the woman is bearing the consequence and that is because the woman is allowing herself to be manipulated dispite the protections that are in place for her. Every women mentioned volunteered to have sex with the other man and hence she should suffer the consequence of this action of hers.

Islam clearly prohibits halala arrangement. People who play with religion will suffer here and in the hereafter.

Infact, I would go so far as to put the entire blame on women. If women hadn't agreed to participate in arranged halala's in the first place, this practice wouldn't have been so common. If they keep hiding behind their weaknesses then they will be taken advantage of.

[One Pragmatist]

To anajmi:

You're absolutely right, that it is the women who should be blamed for carrying all the atrocities and injustices in the name of Islam upon themselves. Will you come out and take the stand with them if they speak against the cruelty they are putting themselves with? Will you support this woman's livelihood, give her a safe place to sleep at nights or should she relinquish all modes of relationships which will be abandoned to her and become a beggar?! Will you support her to get herself educated enough to be independent? Education will give her the freedom she needs to speak out and find a voice which has been hiding inside her frail body? What if you are able to give her everything and despite of that she is still weak and suffers? Will you get her out to a safe place where she is not tormented every day of her life to be reminded that now she is open to more scrutiny as a divorcee and a free woman and the devouring looks of men who wait for a woman like her to feed on????!!!!

In a male dominated society, there is only one way a woman can survive, "Suicide". Then she can live happily EVER AFTER! Those who don't want to survive "because they want to live" and yes every star has a silver lining, then they have to suffer, moan, and die! or better yet become a beggar and wait to die!

[anajmi]

Well, since you are more concerned about these women than I am, then I am sure you will be taking all of these responsibilities upon yourself. Islam allows a man to marry 4 wives. If you do not have a wife, you can take 4 such woman and give them shelter and if you have a wife then you can take 3. I love my wife and won't be able to do justice to other women if I marry them and I am shit scared even to think the word "talaq" in my house.

[Humsafar]

It is a condition to prevent people like the husbands mentioned in this thread to keep throwing around talaq knowing that taking the talaq back is extremely difficult.

And the condition is for women. Women should pay the price for men's weakness for throwing around talaq?

[anajmi]

No, woman shouldn't pay the price. Infact if a person doesn't want to stay married to you, why would you want to stay married to him? Insisting on marrying a person again and again even though he is making you a whore is your own fault and nobody else's. This woman was given 7 opportunities to get out of the miserable marriage that she has, and yet she kept going back to him. Whose fault is that?

As long as women keep blaming men for their acts and refuse to actually do anything about it, they will keep suffering. Bad men can be found a dime a dozen, but giving in to this by letting yourself be used is your own fault.

[Humsafar]

Poor women are prone to do such stupid things because they need financial support and security. But generally speaking, in principle, the onus of fullfilling the condition (for the weakness of men), as you argue, must fall on women. How is that fair?

[anajmi]

At one time or another we all pay the price for the weakness of others. A father pays the price for the weakness of his son, a son might pay the price for the weakness of his father etc etc. This is part of life. However, not learning a lesson from adversities that life presents you with and insisting on making the same mistakes again and again and then blaming others is going to get you nowhere. I have learnt this lesson from my own mother who took matters into her own hand with my father who was a drunk. She didn't pity herself or go to others complaining. My father is scared of divorcing her even today, when they have been living separately for 20 years, worried that I will stop supporting him.

[humanbeing]

Hi Dear Anajmi & MF

Impressive presentation of your humane understanding !!

Your points are well explained by other sane thinking members on this thread.

humanbeing AKA uper se Aadha Maqam Khali questioned on Fri Dec 09, 2011 12:57

Well I dont wish to pass any personal comments on you both personalities. As expressed by Dear MF.


I m humanbeing, this is my first ID on this forum. I represent only my thoughts / feelings / POV and opinions. I m unlearned person, seeking knowldge.

[humanbeing]

No, woman shouldn't pay the price. Infact if a person doesn't want to stay married to you, why would you want to stay married to him? Insisting on marrying a person again and again even though he is making you a whore is your own fault and nobody else's. This woman was given 7 opportunities to get out of the miserable marriage that she has, and yet she kept going back to him. Whose fault is that?

As long as women keep blaming men for their acts and refuse to actually do anything about it, they will keep suffering. Bad men can be found a dime a dozen, but giving in to this by letting yourself be used is your own fault.

While Men can take help of this Halala condition / rule in islam to throw away talaaqs so to feel bad and remorseful to have allowed his wife sleep with someone else and then accept her back, and then continue tormenting her for his guilt .. ofcourse this rule / condition in Islam comes with a strict warning of no misuse please !! so men can do anything they wish / misuse this wonderful humane rule, its the women at fault for tolerating such atrocities !!


Even if the women wants to get back with that looser (out of love or social pressure), if she denies this halala condition then she is labelled blaspehmous !!
Whats the harm, in remarrying the women after divorce by tendering an apology or retract the talaaks uttered by the looser !!

[SBM]

Poor women are prone to do such stupid things because they need financial support and security. But generally speaking, in principle, the onus of fullfilling the condition (for the weakness of men), as you argue, must fall on women. How is that fair?

In cases after cases in USA where Abused Spousal cases have been brought to court system and the abused party is always woman, she keeps on going back to same person who abused and when questioned why, her reply was support and love. It is very well documented that abused women lose their sense of security. Remembers a case where a girl was kidnapped and was kept hostage for more than 10 years and even though she could have escaped but she was scared and terrified by the man. These cases are happening in country which is supposed to be educated, rich and diverse and does not follow SHARIA law so think about Muslim women in Muslim countries where they have few choices. Remember Sher Banoo Case in India , how her husband twisted the Islamic law and made the mockery of entire Sharia System.
One thing I have to credit DB system that a DB just can not say Talaq but they have to go thru local Aamil who will try to reason with the parties and counsel them and make it a little more difficult then is done other Madhabs where some time it becomes a joke, like a epic story in Pakistan where on a TV Serial the actor as character husband said Talaq Talaq Talaq on tv to his character wife and the clergy demanded that were no longer husband and wife in real life either ( in real life, they were husband and wife)
Br. Anajmi: women go back because of fear, intimidation and lack of security. the latest figure in USA is that almost 50% of marriages in Muslim are now ending in Divorce, part of the country where I live, we just started a shelter SAHARA and NUR Center for abused Muslim women, in less than 6 months both center are full to their capacity and it is something local community thought we will never use.

[anajmi]

humanbeing,

While Men can take help of this Halala condition / rule in islam to throw away talaaqs so to feel bad and remorseful to have allowed his wife sleep with someone else and then accept her back, and then continue tormenting her for his guilt .. ofcourse this rule / condition in Islam comes with a strict warning of no misuse please !! so men can do anything they wish / misuse this wonderful humane rule, its the women at fault for tolerating such atrocities !!

I can kick and scream in the air too but that is not going to solve anything. In everyone of my posts, I have presented a solution for women to fix their problems without changing Islam but by using the laws of Islam. What are you presenting other than rhetoric? What do you suggest? Open more shelters for abused women so that they can go back to their abusive partners for love and support?

50% of marriages in Muslim are now ending in Divorce

50% of all marriages in the US end in divorce. Triple talaq has nothing to do with it. Triple talaq infact makes it easy for the woman to get out of an abusive relationship. The woman can hope that the abuser in a fit of rage will pronounce triple talaq and she can be free. If she chooses to go back to him, then she deserves him.

[Humsafar]

At one time or another we all pay the price for the weakness of others. A father pays the price for the weakness of his son, a son might pay the price for the weakness of his father etc etc. This is part of life. However, not learning a lesson from adversities that life presents you with and insisting on making the same mistakes again and again and then blaming others is going to get you nowhere. I have learnt this lesson from my own mother who took matters into her own hand with my father who was a drunk. She didn't pity herself or go to others complaining. My father is scared of divorcing her even today, when they have been living separately for 20 years, worried that I will stop supporting him.

Of course, we are not talking about "paying the price" in a general context-less sense. What I'm contending is that the Halala ruling, not matter how you slice it, is inherently biased against women. Your mother's stance is admirable but not all women can be that strong. In fact they are quite the opposite, weak and vulnerable and dependent. The point of law is to protect the weak, not to exploit them. And this ruling seems to be doing precisely that.

[anajmi]

Humsafar,

As long as woman consider themselves to be weak, vulnerable and dependent, they will remain just that and "bad men" will take advantage of them. This ruling is being misused. Halala arrangements are strickly prohibited. You are not allowed to arrange a marriage simply to facilitate a marriage to a previous husband. But who is going to enforce these laws? There are multiple parties contributing to the misuse of this law. There is the husband, the wife, the middle temp husband and the kazi who does the divorce and marriage with the knowledge of the pre-arrangement. They will all be punished for their crimes. The one that we consider suffering the most is the woman and she has a way out which she refuses to use because she sees this kind of life as more desirable. Well, if that is what she thinks, then that is what she gets.

The point of law is to protect the weak, not to exploit them.

As I have explained above, triple talaq offers a way out to a woman from an abusive husband. There is nothing one can do if the weak is willing to be exploited.

[humanbeing]

What are you presenting other than rhetoric? What do you suggest?

Dear Anajmi
My concern is not only with the men who misuse ruling / conditions of Islam to their advantage, but the logic and justice of Halala itself doesn’t convince me.
My suggestion would be :
If a Talaaq is uttered in sheer arrogance, anger, prejudice, revenge, unconscious state then let the defaulting person be whipped / lashed 30 times and then remarriage can be solemnised with victim’s consent.
If a Talaaq is uttered by mutual agreement between the couple and later they wish to reconcile / reunite, then it shall be a simple case of remarriage, (Nikaah ceremony)
Does my suggestion sound vague or unjust. I think a person would think a 100 times before uttering those words in the emotions I mentioned. Fearing his backside being lashed. I feel such punishment is more effective than Halala terms !!

[anajmi]

Well, Islamic rules are based upon guidance from Allah and his prophet (saw). You or I are not free to make changes to it. Besides, I believe making talaq more difficult is going to cause more issues for the woman. A man who is unable to divorce a woman whom he doesn't like will abuse her even more. If divorce and re-marriage are made as easy as you suggest, then it will simply become a game.

[humanbeing]

Hi Anajmi
 , I have nothing to say ! God bless you !

[sixfeetunder]

There would not be so many problems in Sunni Islam if there was no anti-Quranic 'triple talaq' formulated by the second caliph. The triple talaq gives rise to most of these 'arranged halaalas'. Just three spoken words (sometimes even in a drunken stupor) can prove fatal to a woman's life and damage her psyche forever. The second caliph will have to face the wrath of millions of innocent Muslim women on the day of judgment!

[Muslim First]

from sahih muslim:

Book 9, Number 3491:

Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one.But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite.So if we had imposed this upon them, and he imposed it upon them.

Book 9, Number 3492:

Abu Sahba' said toIbn 'Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)?Ibn Abbas (Allah be pleased with them) said: Yes.

Book 9, Number 3493:

Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (may peace be upon him) and Abu Bakr.He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).

[sixfeetunder]

^^^ That is exactly the problem. In spite of the clear guidelines outlined in the Qur'an, Umar thought it was alright to impose his chauvinist opinion on Islam. Wait, isn't he the same Johnny who said 'The Qur'an is enough for us'? He didn't even know the contents of the Qur'an! No wonder then, he went hysterically screaming around, brandishing his sword, creating a drama before the funeral of The Prophet, threatening to behead whoever said that the Prophet is dead. He took a chill pill only when his buddy reminded him of a Quranic verse which talked about the Prophet's death!

[profastian]

^^^ That is exactly the problem. In spite of the clear guidelines outlined in the Qur'an, Umar thought it was alright to impose his chauvinist opinion on Islam. Wait, isn't he the same Johnny who said 'The Qur'an is enough for us'? He didn't even know the contents of the Qur'an! No wonder then, he went hysterically screaming around, brandishing his sword, creating a drama before the funeral of The Prophet, threatening to behead whoever said that the Prophet is dead. He took a chill pill only when his buddy reminded him of a Quranic verse which talked about the Prophet's death!

Well thats what morons do...

[anajmi]

Different people show their love in different ways. Some people prefer to beat their chests and cut their heads and don't stop no matter how many ayahs of the quran are shown to them.

[Muslim First]

Prof
Well thats what morons do...

Morons also worship dead people, live human beings, innovate prayers for their Bhagwan etc. etc.
Despite no matter how many ayahs of the quran are shown to them.

[SBM]

http://timesofindia.indiatimes.com/city ... 121637.cms

[Aarif]

The problem with Islam is it gives too many rights to man against woman which makes it completely one sided. Let's take an example of a Muslim man who keeps a beard, prays five times a day and regularly abuses his wife. He even beats her because as per Quran he is allowed to do that. Now one fine day this guy decides that he is done abusing his wife and he wants to get rid of her. He immediately pronounces Talaq three times and divorces his wife. Now there are some key points to be considered out here. As per Islam only a man can directly divorce his wife. If the wife wants a divorce she has to approach a Qazi who will be only able to conduct the divorce on certain very specific grounds such as husband is impotent, in prison etc. In fact most madhabs do not even cover the abuse part. This means that the husband has the right to abuse his wife as long as he pleases and then get rid of her in a minute even against her own will. But the wife has to go through a big process if she wants divorce. Now in this typical scenario look at the woman who is involved. She was getting abused by her husband and if she wanted to get out of the relationship on her own will she cannot do that without going through lot of hardships because she does not have a right to divorce her abusive husband the way he has. On the other hand, even if the wife wants to stay in the relationship it does not matter once her husband decides that he does not want her. In short women have no individual rights in Islam. They can be treated worst then animals and it can be completely justified.

The other interesting part is that most women want to continue with their abusive husbands primarily for two reasons. First, because they are illiterate and dependent on them. Second because they have children whom most of them cannot support on their own. The poor woman has nowhere to go so she stays back and takes the abuses. She is illiterate because Islam does no encourage women education. The second important part is children. Even if a woman somehow manages to get custody of her children, she will still depend on her ex-husband for financial support. Many muslim men abuse this situation by not providing proper financial support and if the women raise objection they demand that the custody of children be given back to them. And in such a situation if the woman tries to re-marry another man who will provide food and shelter to her and her children she forfeits the right to custody of her children. Because according to Islam if a woman re-marries she forfeits the right to her children (i.e. women are trapped out here as well). My mom came from a very well to do family and had a choice of taking a divorce if she wanted. She was never happy with my father who always ill-treated and verbally abused her. However, she did not take divorce because of us. She knew that after divorce her parents will be worried about what will happen to her after their death and will advice her to remarry. If that happens we would have to live with our father who would easily re-marry, bring home a step-mother and still not lose our custody. I have great respect for my mom. She sacrificed her entire life for us.

Continuing with our scenario, the woman involved in divorce is often left on her own; has nowhere to go and her children are taken away from her if she re-marries. Now in such a situation she will obviously want to go back to the abuser because she has no other choice. But wait a minute, if she wants to do that she obviously has to pay the price. She has to sleep with another man and get raped by him. However this rule does not apply to the man. He does not have to marry another woman and consummate the marriage before going back to his original wife. Isn’t that cool?? This depicts how ridiculous the Islamic divorce laws are…
On the other hand look at another scenario where a woman is allegedly raped by a man. According to Islam if a woman is raped she has to prove her own innocence. This can be done only in two ways:
1) The accused makes confession or
2) There are at least four Muslim adult male witnesses
It is but-obvious that neither of the above is going to be easy for a woman to gather and if she cannot prove her innocence then she is brutally punished for adultery (including minor girls who do not even understand the meaning of rape) according to Sharia law.

Unfortunately this ill-treatment of women is deeply rooted in the origins of Islam which treats women inferior and half as intelligent as men.
The holy Qur’an in Sura 2:282 says, “…And get two witnesses, Out of your own men. And if there are not two men, then a man and two women, Such as ye choose, for witnesses, So that if one of them errs, the other can remind her….”
Narrated Abu Sai’id Al-Khudri: The Prophet said, ‘Isn’t the witness of a woman equal half of that of a man?’ The women said, ‘Yes.’ He said, ‘This is because of the deficiency of the woman’s mind.” Bukhari vol.3 no.826 p.502.

[anajmi]

Welcome back Aarif. You've been away a long time.

[Aarif]

Thanks Anajmi