Monday, May 5, 2025
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition of Qur’anic Guidance in Its Own Words - Part Ten
By Muhammad Yunus, New Age Islam
(Co-author (Jointly with Ashfaque Ullah Syed), Essential Message of Islam, Amana Publications, USA, 2009)
4 May 2025
Section-10. Qur’anic Laws On Divorce
106. Phased Execution Of Divorce
In the immediate context of the revelation, the Qur’an abolishes the pre-Islamic custom that permitted a man to abandon his wife indefinitely by an oath, but retain her in wedlock, thus preventing her remarriage or freedom. In its first phase on the law on divorce, it declares (2:226):
• “Those who vow (to abstain) from their wives must wait for four months. Meanwhile if they go back, (remember,) Allah is Most Forgiving and Merciful” (2:226). However, if they decide on a divorce, (let them remember that) Allah is All-Knowing and Aware” (2:227).
The Qur’an then goes on to say:
• “Divorce (is pronounced) over two stages (initial and final). Thereafter live together (with your mates) honourably, or part with them honourably. It is not lawful for you (men) to take anything back from what you have given them, except when both (the partners) fear that they would be unable to keep within the limits set by Allah. And if you do indeed fear that they would be unable to keep within the limits set by Allah, there is no blame on either of them if she gives up (something to her husband) for her freedom. These are the limits set by Allah; do not exceed them - for any who exceed the limits set by Allah, it is they who are unjust” (2:229).
{Earlier partly listed under 100 above]
107. Three Months Waiting Period For Woman Under Notice Of Divorce
The Qur’an asks women under notice of divorce to wait for three months, understandably to establishing pregnancy if any; and reminds the men of their obligation to take them back if they are found pregnant (2:228).
• “Divorced women shall wait by themselves for three monthly periods, for it is not lawful for them, if they believe in Allah and the Last Day, to conceal what Allah has created in their wombs. (During this period,) their husbands will be bound (Ahaqqu) to take them back if they want reconciliation, while they (the women) have similar honourable (obligations) as them (men); but men have (a higher) degree (of obligation) towards them. (Remember,) Allah is Almighty, Wise” (2:228).
The foregoing consecutive verses (2:228, 2:229/100 above) indicate a timeframe of three monthly periods (Iddat) for a divorce to take effect. Thus the Qur’an brought about a reduction in the pre-divorce separation period from indefinite in pre-Islamic Arabia, to four months for a divorce by an oath (2:227 above), and then to three months in its final ordinance. The Qur’an further clarifies this in the verses 2:231 and 65:2, which also instruct men to terminate the marriage, if they must, in a decent way.
• “And if you divorce women, and they reach (the end of) their term, then either live together honourably, or part with them honourably, but do not keep them to injure them, (or) to exceed limits. Anyone who does that merely wrongs his own soul. And do not take these messages of Allah for a joke, and remember Allah’s favour to you, and what He has revealed to you of the Book and Wisdom for your instruction. Therefore, heed Allah and know that Allah is fully Aware of everything” (2:231).
• “And when they reach (the end of) their term, then either live together honourably, or part with them honourably, calling to witness two just members from among yourselves and+ uphold the evidence (as firmly as) before Allah. This is to instruct anyone who believes in Allah and the Last Day. (Remember,) Allah will find a way out for anyone who heeds Him” (65:2).
These verses clearly demonstrate that in the event a man considers divorcing his wife, he must go through a three-month timeframe, formally articulating his intention at least twice over the period. However, at the end of this period, he must either retain his wife and live together amicably or terminate his marriage cordially. Given that men divorcing their wives may detest their divorced wives walking away with the gifts they gave them – especially if those were valuable, the Qur’an forbids men from taking back anything from the wife he is divorcing (4:20/21, 101 above)
However, to avoid any injustice to a man who may have gifted beyond his capacity to his wife under divorce notice, the Qur’an asks the woman to release a part of what she might have received from her husband if she felt that she was going beyond the limits set by Allah (2:229/ 100 above).
108. A Woman Can Initiate A Divorce Unilaterally (Khula)
The underlined injunction (she gives something for her freedom) in 2:229 (100 above) gives a woman the option to take a divorce unilaterally by paying due compensation to her husband, which may include her dower (4:4/ 101 above) as well as part of what she might have received from him as gifts. Such a dissolution of marriage at a wife’s insistence is called Khula.
In the absence of any specific example from the Qur’an we quote this example from the Hadith (Sahih al-Bukhari, Book 63, Hadith 197)
Narrated Ibn `Abbas: "The wife of Thabit bin Qais came to the Prophet and said, 'O Allah's Messenger! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him).' On that Allah's Messenger said (to her), 'Will you give back the garden which your husband has given you (as Mehr)?' She said, 'Yes.' Then the Prophet said to Thabit, 'O Thabit! Accept your garden, and divorce her once.'"
This Hadith highlights the concept of "Khula," where a woman can seek a divorce by returning the dowry to her husband.
109. Remarriage Between Spouses After Irrevocable Divorce
The Qur’an does not allow a man to marry his erstwhile wife whom he divorced after the expiry of the three months waiting period, unless she married another man, and the latter divorced her (2:230).
• “If he (the husband) divorces her (at the end of the waiting period), she becomes unlawful to him afterwards until she marries another man. If he (her new husband) then divorces her, there is no blame on the (former) couple to reunite - provided they feel that they can keep within the limits set by Allah. These are the limits set by Allah, and He clarifies them to a people who have knowledge” (2:230).
This is conceivably to ensure the right of a divorced woman to marry a different spouse. In the absence of the above prohibition, a man could force his divorced wife to remarry him, even after the expiry of the waiting period, or block her from entering into a fresh marriage after the expiry of waiting period nullifying the very object of a divorce – permanent dissolution of a failed marriage and the option of the divorced woman to enter into fresh marriage.
To avoid any ambiguity on the matter, the Qur’an further declares (2:232):
• “And when you have divorced women (after) they have reached their term, you must not obstruct them from remarrying (literally, marrying fresh spouses) if they have mutually agreed in a fair manner. This is instructed to anyone among you, who believes in Allah and the Last Day. (Remember,) this is more appropriate for you and purer; and Allah knows, yet you do not know” (2.232).
110. Shared Responsibility Of A Divorced Couple In Raising The Child Born From Their Union
In a long winded verse, the Qur’an spells out the obligations of the father, his divorced wife and the heir of the father if the child was born posthumously (2:233). The verse is listed below, broken down into paragraphs for easy comprehension of the modern reader who is used to read small clearly stated sentences:
• “Mothers shall nurse their children for two whole years if they wish to complete the nursing period.
• The father (has to) provide for them, and clothe them reasonably. No soul is to be burdened beyond its capacity.
• A mother should not be made to suffer for her child, nor a father for his child, while the heir (is liable) likewise.
• If they both wish to wean the child by mutual consent and consultation - there is no blame on them;
• so if you wish to give your children out to wet-nurses, there is no blame on you, provided you pay what is reasonably expected from you.
• Heed Allah and know that Allah is Observant of what you do” (2:233).
In a later passage (65:6-65:7), the Qur’an directs men as follows (broken down into paragraphs without altering the text) towards proper upkeep and maintenance of their divorced wives, especially if they are pregnant.
• “Accommodate them (the women in Iddat) in the manner you lodge, according to your circumstances, and do not harass them to reduce them (to straits).
• If they are pregnant, meet their expenses until they bring forth their burden; and if they suckle (the baby) for you, give them their due, and consult together honourably.
• But if you find it difficult (for her health reason, or she intends to remarry), let another woman nurse (it) on behalf of him (the father) (65:6).
• (In all these matters) the rich should spend (according to) his abundance, but the one whose means is limited should spend of what Allah has given him. (Remember,)
• Allah does not burden anyone beyond what He has given him. Surely Allah will grant relief after distress” (65:7).
111. Settlement Of Dower If Neither Marriage Is Consummated Nor Dower Fixed
The Qur'an directs men to give a reasonable provision to their divorced wives, even if the marriage was not consummated (2:236, 33:49).
• “There (will be) no blame on you to divorce women before you have consummated (marriage) with them, or fixed their dower (Faridah), but provide for them: the rich according to his means, and the poor according to his means – a reasonable provision, a binding duty (Haqq), on the doers of good.” (2:236).
• --“You who believe, when you marry believing women and divorce them before you have consummated (marriage) with them, you do not have to count (the waiting) period for them. So make provision for them, and part with them in a handsome way”(33:49).
112. Settlement Of Dower If Marriage Is Not Consummated, But Dower Is Fixed
The Qur’an states:
• “If you divorce them before you have consummated (marriage) with them, but you have fixed their dower (Faridah), then (give them) half of what you have fixed, unless they (the women) forgo it, or the one in whose (Alladhi) hands is the marriage tie forgoes it. To forgo is nearer to heedfulness (Taqwa), and do not forget to be generous between yourselves. (Remember,) Allah is Observant of what you do” (2:237).
The pronouncements of the verse may be broken down into the following simple tenets:
• If a man initiates a divorce, he has to pay half the dower to the woman, unless she forgoes it.
• If a woman is the one who holds the tie of marriage and breaks it from her side, she has to forgo her claim on half the dower that she would have received if the man divorced her.
• If a man held the tie of marriage and gives a divorce, he has the option to give full contracted dower (by not retaining half the dower) as a gesture of generosity (Fadl).
• Both the partners of a divorce should be generous to each other, and refrain from exploiting one another.
113. Maintenance For A Divorced Woman
The Qur’an declares:
• “(There shall be) a reasonable maintenance for divorced women - a duty (haqq) binding on the heedful (Muttaqin) (2:241). Thus does Allah clarify His messages to you, that you may use your reason” (2:242).
Following the guidance in verses 2:236, 2:237 (111, 112 above), which call for generosity even if the marriage was not consummated, a man must be fair and considerate to the woman he is divorcing after living together as husband and wife for any unspecified period. Fairness, compassion, and justice are at the core values of Islamic teachings on this matter as implicit in the Qur’an’s key verse on man-woman relationship (30:21/90 above). The man must therefore arrange post-divorce maintenance, commensurate to his income, and to the financial need, age, health and circumstances of his spouse. This should be settled amicably between the spouses involving the elders or the family court if that exists unless they want to take the matter to the civil court.
Civil litigation is normally a lengthy, expensive and unhealthy rout. The proceedings in a civil case on post-divorce maintenance can at times get complicated because of the porous nature of perceptions, expectations and claims by the respective spouses. Civil litigation can thus create lasting bitterness between the erstwhile couple and their respective families. It can sometimes be unavoidable but should be pursued only after attempting amicable resolution. ".
114. Clarification On The Waiting Period (Iddah)
The Qur’an clarifies that the waiting period (Iddah) remains unchanged at three months even for women past their monthly courses, or otherwise having no courses, and lasts until the delivery for pregnant women.
• “O Prophet! (Tell your followers that) when you (finally) divorce women, divorce them at (the end of) their waiting period and (correctly) calculate this period, and heed Allah, your Lord. Do not expel them from their homes and nor shall they be made to leave, unless they are found guilty of openly immoral behaviour (Fahishatim Mubaiyinah). These are the limits set by Allah. Whoever exceeds the limits set by Allah, wrongs his own soul. You do not know Allah may subsequently bring about a new situation” (65:1).
• “As for those of your wives who are past menstruation - the prescribed waiting period, if you have any doubts, should be three months, and the same (will apply for) those (wives) who have no courses (for medical or any other reason). As for the pregnant (wives), their (prescribed) term will be until they deliver what they are carrying. Thus, Allah makes matters easy for anyone who heeds Him (65:4). This is Allah’s commandment, which He has revealed to you. Anyone who heeds Allah, He will efface his evils from him, and will reward him greatly” (65:5).
115. The Qur’an Forestalls Any Manipulation Of Its Commandments
The Qur’anic dictates on divorce as discussed above date from two different periods of its revelation. The passage 2:226-2:242 date from early Medinite period, while the passage 65:1-65:7 from mid Medinite period. The passages, separated chronologically by at least three to four years, complement each other with immaculate consistency and clarity in spelling out a husband’s obligations during a divorce. This Qur'anic repetition is understandably to help avoid (i) any misinterpretation by later generation scholars and (ii) any ambiguity on the subject.
In sum, the Qur’an deals with the process of divorce in a balanced and structured manner, so that this most agonizing experience in a woman’s life is faced in a balanced and harmonious manner, and there is no bitterness and ill feelings between the erstwhile spouses.
116. Empowerment Of Widows
The Qur'an asks women who have lost their husbands “to wait by themselves (without remarrying) for four months and ten days. When they have reached their term, there is no blame in what they do with themselves honourably…”(2:234). “And there is no blame on suitors either in giving the proposal (of marriage) to such women, or to keep it to themselves. Allah Knows that they will mention (it) to them; but they are not to make any secret promises to them, except in honest and sincere terms, nor resolve on the tie of marriage, until the prescribed term expires…” (2:235).
As these laws were evolving, the Qur’an entitles a widow, maintenance for a year without having to leave her deceased husband’s home, but gives her the option to leave earlier of her free will (2:240/ 90 above)). The Qur’an therefore directs the next of kin of a deceased person leaving behind a widow, to refrain from creating any difficulty for her, nor to disinherit her of the objects and gifts she received from her late husband - unless she is found to be openly immoral (Fahishatim Mubaiyina) (4:19).
• “You who believe, it is not lawful for you to inherit (anything from your) women (Nisa) forcefully, nor should you put them under any pressure in order to take away some of what you have given them, unless they are found to be openly immoral. So, live with them honourably. (Remember,) if you hate them, it may be that you hate a thing in which Allah has placed profound goodness” (4:19).
The nuanced language of this verse renders it fully applicable both for (a) the widow of a kinsman as some scholars have interpreted and (b) the wife of a person. Thus the kinsmen of a deceased man are asked not to treat the widow of their deceased kin or her wealth as their inheritance, while a husband is barred from putting any pressure on his wife, whether he is living with her or divorcing her, to make an inheritance in his favor such as by asking or retaining a part of dower, asking a share in her personal property or income, etc. as is commonplace in day to day life in many Muslim communities.
It is also notable that by addressing the verse to menfolk the Qur’an is not empowering the men to decide on behalf of the women but ensuring that its directives are put into effect by those who give decision on community matters: men in the context of the revelation and until very recent times, and in many societies.
The Qur’anic timeframe of one year is obviously applicable for women who have no issue from the marriage, and would like to get remarried or live as an independent person. A time framing was an historical necessity to avoid the next of kin of a deceased man to retain the widow of his next of kin in their household indefinitely, against her will (4:19 above), and can be relevant in appropriate cases even today.
Also Read (Previous Parts):
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part One
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Two
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Three
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Four
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Five
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Six
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Seven
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition Of Qur’anic Guidance In Its Own Words - Part Eight
The Qur’an – Nurun ‘Ala Nur (Light Upon Light): An Exposition of Qur’anic Guidance in Its Own Words - Part Nine
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Muhammad Yunus, a Chemical Engineering graduate from Indian Institute of Technology, and a retired corporate executive has been engaged in an in-depth study of the Qur’an since early 90’s, focusing on its core message. He has co-authored the referred exegetic work, which received the approval of al-Azhar al-Sharif, Cairo in 2002, and following restructuring and refinement was endorsed and authenticated by Dr. Khaled Abou El Fadl of UCLA, and published by Amana Publications, Maryland, USA, 2009.
URl: https://www.newageislam.com/books-documents/quran-nurun-ala-nur-light-quranic-guidance-part-ten/d/135424
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism
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