Tahleel marriage is void even if not mentioned in contract
7-4-2010 | IslamWeb
Question:
Fatima is irrevocably divorced three times from Ahmad. Ahmad want to marry her again. So Ahmad made a plan with Abdulla, his friend, that he will marry with Fatima and after sex he will divorce her. So she can marry back to Ahmad. There was no conditions set in the nikah yet it was only an understanding between the three persons to do like that. So Abdullah married Fatima and and after sex with his own will, he divorced her as planned. Now after iddah can she marry back to Ahmad. Please note, this was actually a pre-planned nikah only aimed to make fatima halal to previous husband. Was this nikah valid ? Is now Fatima halal to marry Ahmad? Please clearly note, i know, this all procedure contained some haram things and disliked yet the question is, Is Fatima after doing this pre-planned halala allowed to marry first husband or not ? Even it was haram to arrange a pre-planned halala, but this all has been done now. Fatima married Abdulla and was divorced after sex. Is Fatima can marry first husband now?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have already issued Fatwas 92332 and 87878 clarifying that the Tahleel marriage [i.e. the marriage in which a man marries a woman after she was divorced three times by her husband simply in order to make her lawful for her husband to marry her again] is void and that it does not make the woman lawful for her husband who had already divorced her with a major irrevocable divorce.
Therefore, it is not permissible for Ahmad to take back his wife Faatimah and it is not lawful for her to go back to him with this kind of marriage. All of them (Ahmad, Faatimah and Abdullaah) are obliged to repent to Allaah if they had agreed to this fraud.
The fact that the marriage contract did not include any of these conditions does not change the ruling as he married her according to the manner that is mentioned above, and so the marriage is void and it does not make her lawful for him.
Allaah Knows best.