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In the name
of Allah, the Compassionate, the Merciful |
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SECTION: 1
O Prophet! If you and the believers divorce your wives,
divorce them at the end of their prescribed periods, and count
their prescribed periods accurately. Fear Allah, your Rabb. Do
not expel them from their homes during their waiting period,
nor they themselves should leave, unless they have committed
an open lewdness. These are limits set by Allah; he that
transgresses the limits of Allah will wrong his own soul. You
never know, Allah may, thereafter, bring about some new
situation of reconciliation.[1] Then when their waiting
period ends, either keep them honorably or part with them in an
honorable way. Call to witness two honest persons among you,
and O witnesses, bear witness equitably for the sake of
Allah. This advice is being given to all who believe in Allah
and the last Day. He that fears Allah may be provided a way out
by Him,[2] and given sustenance from the sources he could never
imagine: for Allah is all sufficient for the person who puts his
trust in Him. Surely Allah brings about what He pleases, and
Allah has set a measure for all things.[3] If you have any doubt
concerning those of your wives who have ceased
menstruating, then you should know that their waiting
period will be three months, and the same will apply to those
who have no menstruation due to young age or a disease.
As for those who are pregnant, their waiting period will end
with delivery. Allah will ease the hardship of those who fear
Him.[4] This is the command of Allah which He has sent down to
you. He that fears Allah, will have his sins removed and his
reward enlarged.[5] Let those women, during their waiting period
(‘Iddat), live where you yourselves live according to
your means. You shall not harass them so as to make life
intolerable for them. If they are pregnant, maintain them until
their delivery: and if, after that, they suckle your offspring,
compensate them and settle the matter of compensation
with mutual consultation and in all fairness. But if you cannot
bear with each other then let another woman suckle the baby for
you.[6] Let the rich man give according to his means, and the
poor man give according to what Allah has given him. Allah does
not charge a man with more than He has given him; soon Allah may
bring ease after hardship.[7]
65:[1-7] |
Laws of divorce and Iddat (waiting period) before the divorce
takes effect
Iddat (waiting period) is three menstruation periods or three
months and delivery in case of pregnancy |
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SECTION: 2
How many townships have rebelled against the commandments of
their Rabb and His Rasools! Stern was Our reckoning with them
and exemplary was Our punishment.[8] So they tasted the fruit of
their misdeeds, and the fruit of their misdeeds was
perdition.[9] Allah has prepared for them a severe punishment
in the Hereafter. Therefore, fear Allah! O men of
understanding and faith. Allah has indeed sent down to you an
admonition;[10] a Rasool reciting to you the revelations of
Allah containing clear guidance, so that he may lead the
believers who do good deeds from the darkness to the light. He
that believes in Allah and does good deeds, shall be admitted to
gardens beneath which rivers flow, to live therein forever; and
Allah has prepared an excellent provision for them.[11] It is
Allah Who has created seven heavens, and earths as many. His
commandment descends through them, this is being explained to
you, so that you may know that Allah has power over all
things, and that Allah encompasses all things in His
knowledge.[12]
65:[8-12]
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Rebellion against Allah's commandment may bring stern reckoning
or exemplary punishment, so fear Allah and adhere to His laws.
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Major Issues, Divine
Law and Guidance:
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* Laws of divorce (for details see below).
* Iddat (waiting period before the divorce takes effect) is
commanded
to be three menstruation periods, three months if menstruation
is not applicable, and in case of pregnancy it is the delivery
of child.
* Rebellion against Allah’s commandment may bring stern
reckoning or exemplary punishment, so fear Allah and adhere to
His laws.
In order to understand the commandments of
this Sürah, it is useful to refresh one’s memory about the
regulations which were given concerning divorce and the waiting
period (Iddat).
“Divorce may be pronounced twice; then the wife may either be
kept back in fairness or allowed to separate in fairness.” (Al
Al-Baqrah 229)
“And the divorced women (after the pronouncement of the divorce)
must wait for three monthly courses... and their husbands are
fully entitled to take them back (as their wives) during this
waiting period, if they desire reconciliation.” (Al Al-Baqrah 228)
“Then, if the husband divorces his wife (for the third time),
she shall not remain lawful for him after this divorce, unless
she marries another husband...” (Al-Al-Baqrah : 230)
“When you marry the believing women, and then divorce them
before you have touched them, they do not have to observe a
waiting period, the completion of which you may demand of them.”
(Al-Ahzãb : 49)
“And if those of you who die, leave wives behind, the women
should abstain (from marriage) for four months and ten days.”
(Al-Al-Baqrah 234) The rules prescribed in these verses are as
follows:
- A man can pronounce at the most three divorces on his
wife.
- In case the husband has pronounced one or two divorces he
is entitled to take the woman back as his wife within the
waiting period, and if after the expiration of the waiting
period the two desire to remarry, they can re marry and there
is no condition of legalization (tahlil). But if the husband
has pronounced three divorces, he forfeits his right to keep
her as his wife within the waiting period, and they cannot
remarry unless the woman mar- ries another husband and he
subsequently divorces her of his own free will.
- The waiting period of the woman, who menstruates and
marriage with whom has been consummated, is that she should
pass three monthly courses. The waiting period in case of one
or two divorces is that the woman is still the legal wife of
the husband and he can take her back as his wife within the
waiting period. But if the husband has pronounced three
divorces, this waiting period cannot be taken advantage of for
the purpose of reconcili- ation, but is only meant to restrain
the woman from remarrying another person before it comes to an
end.
- There is no waiting period for the woman, who is divorced
even before the marriage is consummated. She can remarry, if
she likes, immediately after the divorce.
- The waiting period of the woman whose husband dies is four
months and ten days.
One should understand that Sürah At-Talãq was not sent down
to annul or amend any of these rules, but was sent down for two
purposes:
A. The man who has been given the right to pronounce divorce
should be taught such judicious methods of using this right so
that it may not need- lessly lead to separation. However, if
separation does take place, it should only be when all
possibilities of mutual reconciliation have been exhausted. In
Divine Law, provision for divorce has been made only as an
unavoid- able necessity. Allah does not approve of the
dissolution of a marriage. The Prophet (upon whom be Allah’s
peace) has said: “Allah has not made lawful anything more
hateful in His sight than divorce.” (Abu Daüd). And: “Of all the
things permitted by the Law, the most hateful in the sight of
Allah is the divorce." (Abu Daüd)
B. The object was to complement this section of the family law
of Islam by supplying answers to the questions that had remained
after the revelation of the commandments in Sürah Al-Al-Baqrah.
Answers are given to the following questions:
i. What would be the waiting period of women, marriage with whom
has been consummated and who no longer menstruate or those who
have not yet menstruated, in case they are divorced?
ii. What would be the waiting period of the woman, who is
pregnant, or the woman whose husband dies, if she is divorced?
iii. What arrangements would be made for the maintenance and
lodging of the different categories of divorced women, and for
the fosterage of the child whose parents have separated on
account of a divorce? |
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