A Comparative Analysis of Abū Ḥanīfa’s and Imām Mālik’s Views on Nikāḥ Taḥlīl

Abstract

This study examines the legal perspectives on nikah muhallil (or nikah tahlil) according to Imam Abu Hanifah and Imam Malik, highlighting the differences in their jurisprudential methodologies and ethical considerations. Nikah muhallil refers to a marriage conducted to render a woman lawful for her first husband after she has been divorced three times (talāq thalāthah). Using a qualitative doctrinal and comparative approach, this research analyzes classical fiqh texts, prophetic traditions (hadith), and scholarly interpretations to understand the reasoning behind each scholar’s position. The findings indicate that Imam Abu Hanifah permits nikah muhallil under certain conditions, emphasizing the validity of the marriage contract even if conditional terms are attached, while considering the intention of the second husband as relevant to the moral evaluation. In contrast, Imam Malik strictly prohibits marriages arranged solely to circumvent the prohibition of returning to a former spouse, asserting that such acts invalidate the contract and are morally equivalent to zina (fornication/adultery).The study concludes that both approaches, though differing in legal reasoning and ethical emphasis, contribute to the development of Islamic family law by balancing formal legal validity with moral and spiritual considerations. This comparative analysis provides insight into how classical juristic methodologies can inform contemporary applications of Islamic marital law.