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Welcome Friends: Ahlan wa sahlan!
It’s an amazing opportunity for us that Laleh Bakhtiar’s Qur’an explanation
has been added to our oft-visited ‘Tafaseer’ Website! What a
bonus for researchers of comparative explanation!
Their
commentaries can be read in ‘verse by verse’ view.
سورة الطلاق
The Release ([i])
‘Divorce’
From Introduction of Yusuf Ali:
“The aspect dealt with
here is Divorce, and the necessity of precautions to guard against its
abuse. The relations of the sexes are an important factor in the social life of
Community, and this and the following Surah deal with certain aspects of
it. "Of all things permitted by law", said the
prophet (peace be upon him), "divorce is the most hateful in the
sight of Allah". (Abu Dawud, Sunan, 13:3). While the sanctity of marriage
is the essential basis of family life, the incompatibility of individuals and the
weaknesses of human nature require certain outlets and safeguards if that
sanctity is not to be made into a fetish at the expense of human life. That why
the question of Divorce is in this Surah linked with the question of
insolent impiety and its punishment.”
From Introduction of Muhammad Asad:
“THE WHOLE of this surah (revealed about the middle of the Medina period)
is devoted to one particular aspect of the problem of divorce, namely, to
ordinances relating to the waiting period which divorced women must undergo
before the marriage is finally dissolved and they are allowed to remarry - thus
amplifying and elucidating verses 228-233 of Al-Baqarah.”
COMMENTS:
This Chapter gives the
community a few guidelines on how couples with irreconcilable differences can be
released from their marriage-contracts.
But
before we get into the subject of ‘Divorce,’ let us grasp the importance and
sanctity of the Marriage Contract ‘Meethaq
Ghaleeth’ ‘The
Marriage Union: Sanctity and Fulfillment.’ This will help us understand why divorce is discouraged
yet permissible as a final resort.
In a nut-shell:
The Qur’an tells us that the
goal of life is to grow in Awareness, and we know that anyone tied-down by an
unhappy relationship cannot do that.
Despite that, a doting parent (most often the mother) might choose to
remain in a marriage, forgoing her own growth for the growth of her children
(provided he is a good father. If not,
then divorce might be better for them too).
When matters are beyond reconciliation, and when every possibility has
been exhausted, nothing remains but Divorce; the last choice.
I have spent weeks reading,
researching and asking others so as to settle certain questions in my mind and present
to you, dear Reader, a balanced reading of this chapter. Jurists of all ‘Islamic’ schools have written
countless ordinances about every matter related to Divorce, as seen from their vantage
point, reinforcing their views with reports they may have obtained of the
Prophet’s sayings or of his companions. That
is why the laws may differ in different jurisdictions. And then there are differences in what
constitutes a ‘legal’ (Shariah-accepted) divorce, even within the same School
of Thought.
Sunni scholars generally deem
a divorce ‘final’ after the husband has announced his intention for the third
time, or the ‘iddat’ time has passed without reconciliation. Most say that a valid intention must be voiced
during her time of ‘Tahaara’ or ‘ritual purity from menses.’ Sunni scholars seem to consider it irrelevant that
the Qur’an requires two ‘just/ righteous’ witnesses to be present at the time
of such a declaration, some even deeming the divorce ‘final’ when the husband
simply states to his wife once: ‘I divorce you threefold’ ([ii]).
I thought it interesting to find that Shiite scholars consider any
declaration of divorce invalid unless witnessed by two ‘just/ righteous’
witnesses, after which the couple may remarry with a new ‘aqd/ agreement,’ and
if he divorces her (with witnesses) for the second time, they can remarry again,
but the third divorce would be final.
I try not to lean towards
any explanation in my research, which I hope to keep in line with the Arabic
language AND Qur’anic context simply because I wish to understand the Arabic
Qur’an as close as possible to how its earlier recipients understood it, before any ‘schools of thought’
presented themselves. I know that I
might end up with an over-simplified explanation, one which does not delve into
the complicated arguments and counterarguments of divorce… but if the Qur’an had
put it simply, drawing guidelines for Humanity to move in, according to their
specific circumstances, guided by the spirit
of the Prophet’s practice and his ‘modus operandus,’ peace upon him, then that
is what this research is all about.
Q. What happens in ‘Islamic’
communities if the woman wishes to divorce her husband?
A. In some places, that can
be done through the courts and is called ‘khula’/ خُلْع’. In fact, during the Prophet’s time a woman
presented ‘lack of attraction’ as grounds for divorce, and was only told to
give back to her husband his marriage-gift ([iii]).
Anyway, although a couple’s
divorce procedures depend on the laws enacted in their own community, there are
matters of importance for women, which remain in some communities unapplied and
controversial:
A woman has the right to
stipulate ANYTHING she considers important in her marriage contract, including:
·
Equal right to DIVORCE the man HERSELF, which is commonly
understood as the ‘ISmah/ عِصمة’ being in her hand.’
·
Her OUTLAWING the possibility of his taking a second
wife while he is married to her (he cannot be lawfully wed again unless
divorced from her).
·
WHATEVER else she considers important, and is agreed
to by him in the contract (a certain monthly allowance during marriage, or a marital-gift
of jewelry or cash upon marriage, or that he make her shared or sole
property-owner of land or house, or designate any amount of money to her as a
‘debt,’ which she would be entitled to, in cash, upon divorce or widowhood... etc..)
Although Marriage is the
most solemn of ‘covenants’ we could get into, yet it remains, on the practical
side, a ‘contract’ between two agreeing parties, the man and the woman. The man and woman are each in charge of themselves,
and no ‘guardian’ has the right to marry any of them off without their consent. Consent is either voiced, or sworn to, in
front of 2 witnesses during legal proceedings.
Aside:
I do realize that in
some tribal locations a marriage has been known to take place with a guardian
speaking ‘for’ the woman/ girl, and that in some locations the female is under-aged,
but that goes AGAINST the Qur’an, which speaks of a ‘woman;’ How can she be a
‘woman’ unless she has fully developed her ‘womanly’ traits?
----------------------------------------------------------
DISCLAIMER:
PLEASE DO NOT RELY ON ANYTHING WRITTEN HERE AS THIS IS JUST ONE PERSON’S ATTEMPT
TO SHED LIGHT ON THE SUBJECT, AND HOLDS NO LEGAL WEIGHT.
CHECK THE LAW IN YOUR COUNTRY, AS LAWS SOMETIMES CHANGE.
----------------------------------------------------------
I have not researched
countries to see differences, but most ‘Islamic’ countries will probably follow
what’s in this link,
well-explained by Maududi.
If you are in Europe, read
the ‘Muslim
Marriage Contract’ which was developed for use
in Britain. Besides information on the particulars, it also discusses the laws
in different ‘Islamic’ countries.
If you are in the U.S.,
read the ‘Journal
of Law and Practice’: ‘Women’s Rights in Islam regarding Marriage and Divorce.’ Here we find mention of a protective measure for
the wife which has become common practice in most Muslim societies due to the
fact that ‘Islam,’ as practiced, does NOT entitle the divorced wife to housing,
any kind of alimony, nor any part of the assets gathered during the marriage
unless she was working and had a part in obtaining them, or they were legally
registered in her name during the marriage.
Common understanding is that, once the divorce is final and her 3 month
waiting period is over, provided the children are all grown or she has no
children, she should gather her clothes and jewelry, and get out of the house ([iv]).
The ‘Debt’ as ‘protective
measure’ (which was probably instituted by concerned parents of brides, and has
now become custom in many places) stipulates in the legal witnessed marriage contract,
that the ‘Marriage gift/ Mahr/ Sadaaq’ is in TWO sections:
·
The first, called ‘muqaddam/ pre-nuptial gift,’ is related
to what is given to the bride while the legal marriage proceedings are taking
place, before the couple are physically joined.
·
The second, called ‘mu’akh-khar/ post-nuptial gift,’
is related to what both parties consider a ‘debt’ upon the husband to be given
to the wife when their marriage comes to an end. But marriages don’t only end by
divorce. Marriages also end by death, in
which case when HE is the deceased, it becomes the duty of the community/ executor
- before anyone divides up the inheritance- to pay up the deceased’s debts ([v]),
foremost of which is his widow’s post-nuptial gift. On the other hand, if SHE is the deceased, it
becomes their duty to handover the post-nuptial gift to her heirs (out of which
the deceased, as an heir, inherits ½ or ¼, depending on whether or not she has
children).
Readers will not be
surprised to know that, in practice, many people have drawn marriage contracts with
nominal pre-nuptial gifts, and huuuuge post-nuptial gifts for their daughters! Although intended to thwart divorce, or help
the divorcee/ widow when her husband does leave her, this is sometimes
counter-productive due to the husband’s reluctance or inability to pay up! What has been known to happen, is that husbands
have resorted to harsh treatment or left the woman ‘hanging,’ neither married
nor divorced, forcing her to absolve him, in return for freedom. All this goes AGAINST the Qur’an.
Indeed, the subject of
‘Women’s Rights in Islam’ and the struggle for ‘gender-equality’ is on-going as
you read this. Watch the BBC Doha Debates. Here
is the part in which Toujan Faisal tells us how non-democratic
Arab/ Muslim governments take a detour to democratization by using ‘female
empowerment’ as a ‘Trojan horse’ by which they escape the real issue, which is empowering their entire population (I found that observation VERY interesting and
worth studying with a view to our region’s history). Here
is the part in which Dr. Tarek Sweidan exclaims that many Western
countries are more ‘Islamic’ than so-called ‘Muslim’ countries. There is interesting discussion here, so do watch
it when you have the time.
Q. What if AFTER the divorce
has become final, the couple have second-thoughts and want to get back
together?
A. Once the divorce is
final, the man cannot remarry his divorcee until she has
married and divorced someone else.
1.
The first verse begins
by addressing the ‘Prophet,’ NOT the ‘Messenger,’ which is a VERY important distinction
we spoke of earlier, which few commentators seem to have noticed. Actually, they all seem to consider these two
terms interchangeable, without distinguishing between them, as the Qur’an indeed
does!
Here is
the main distinction:
When we
check 13 instances in the Qur’an of ‘Oh
Prophet /يا أيها النبي ’ versus the two instances of ‘Oh Messenger/يا أيها
الرسول’ we note that the main difference between the two terms is that:
· ‘Prophet’ describes his relationship (as a
chosen person) vis-à-vis other people from amongst whom he was
chosen, as well as the specific circumstances of his interaction with them and
others.
PROPHET < > PEOPLE
·
‘Messenger’ (of God) describes his
relationship (as a chosen person) vis-à-vis the Message itself (in both receipt and
delivery) and its Divine Source, God.
MESSENGER < > MESSAGE < > GOD
Read more below ([vii]).
THIS PLACES RESPONSIBILITY
UPON THE COMMUNITY OF THE FAITHFUL -FOR ALL TIME- TO UPHOLD THE MESSAGE
(the Arabic Qur’an itself) WORKING WITHIN
ITS BOUNDARIES WITHOUT NECESSARILY ENFORCING THE PROPHET’S EXACT
APPLICATION upon each and every circumstance, yet remaining ALWAYS within the
language and context of the Arabic Qur’an (ie: The deeds of the ‘Messenger’ are
related to his Message, and are therefore ‘timeless’ and ‘required,’ while the
deeds of the ‘Prophet’ are related to his People and therefore ‘dated’ and ‘optional’).
Q. Why is this SO
important
A. Because for too long, the difference between ‘Prophet’ and ‘Messenger’
has been ignored, and both Islamists AND Islam-Bashers have gotten away with
considering every strategy taken by the Prophet ‘universally enforceable.’ Some ‘Muslims’ have taken it upon themselves
to adopt these strategies and enforce them upon others, stating that they are ‘Divine,’
while ‘Islam-Bashers’ have attacked Islam and the Qur’an for having (as they
allege) ‘universally and timelessly sanctioned’ these strategies! Extremists from both sides have fed (and
continue to feed) on such explanations and on their enmity towards each other,
while their victims suffer helplessly. We don’t need to quote ‘anti-Muslim’ websites
or listen to the many bigots around the world to see examples of this. Look at what’s happening in Muslim-majority
countries. Seven people killed on the
streets of Cairo, Egypt, during the past two-days-protest against the
‘Islamization’ of the Constitution… this taking place AFTER their revolution had
toppled their dictator, and AFTER they’d sworn in their first
democratically-elected president.
Q. Why are ‘Islamists’ so mistrusted?
A. Because most of them consider every practice of the ‘Prophet,’ whether
in Qur’an or ‘Hadeeth,’ and every Shari’ah/ Jurisprudence ruling accepted by
the major schools of thought as a Timeless Guideline for how things should be, everywhere. Full-stop.
No argument being allowed when this is considered ‘Divine,’ and they are
only fulfilling ‘God’s will.’ People
will never trust them to do what is right by them in the long run, as long as
they see them as aiming to do what is ‘right by their ideology.’
This should be addressed:
If we truly want to help Humanity, or promote this magnificent faith as
God sent it (not our warped version of it), we must look at what the Qur’an
says. PRECISELY ([viii]).
Explaining the Qur’an by
LANGUAGE and CONTEXT is the CHALLENGE which is now being undertaken. Things must change for the better, and everyone
can agree that it is about time.
Back to our verses:
So here, after calling
upon the ‘Prophet,’ the first verse continues in the masculine plural ‘you,’ speaking
to the responsible community of men
and women, drawing the general procedure
in which Divorce should be carried out ([ix]).
As understood by the
following three commentators, the first stipulation is that divorce should take
place:
·
Y. Ali: “…at their prescribed periods, and count (accurately), their
prescribed periods: And fear God your Lord: and turn them not out of their
houses, nor shall they (themselves) leave, except in case they are guilty of
some open lewdness…”
·
M. Asad: “….with a view to the waiting-period appointed for them, and
reckon the period [carefully]. , and be conscious of God, your
Sustainer. Do not expel them from their homes; and neither shall they [be
made to] leave unless they become openly guilty of immoral conduct…..”
·
L. Bakhtiar: “…after their (f) waiting periods and count their (f) waiting
periods. And be Godfearing of God, your Lord. And drive them (f) not out from their (f)
houses nor let them (f) go forth unless they approach a manifest indecency.…”
Here we note the differences in these 3 translations
‘at’ ‘before’ or ‘after’ their prescribed periods, which shows that the ‘li’
before ‘iddattihinna’ has been explained from more than one angle with regard
to time. Muhammad Asad however has it
closer to common understanding, which is that the husband should notify his
wife of divorce ‘in view of the
waiting period,’ meaning that the proclamation of divorce should be made when a
woman can enter immediately into her ‘iddat’ or ‘counting & waiting
period,’ being just FREE OF MENSES.
So Verse 1 states they women are to remain in their
homes for the duration of the ‘iddat,’ and Verse 4 explains what it is. The ‘counting period’ for a divorcee is:
·
Three menstrual courses- if she menstruates.
·
Three months- if she does not menstruate.
·
Childbirth- if she turns out to be pregnant.
Remaining where she is
may be the most important stipulation for
the duration of ‘three menstrual cycles/ months’ of ‘iddat,’ prescribed for
the purpose of reconciliation HQ2: 228. If
they reconcile during this time (as is hoped) the divorce is intercepted (but
it can only be intercepted twice. The
third time he announces his divorce is his last). So the reason for the ‘iddat’ to be performed
in ‘her home’ is so that the family can be kept together in case more thought
is required. It is a time of reassessment.
When the entire period has passed without
reconciliation or intimate marital relations, the contract that had bound them
together is terminated, and she is no longer his wife. However, because a father is responsible for
his children who might still need their mother, divorced-mothers in different ‘Islamic’
countries are often helped by law to facilitate their stay with the children
and be thus provided for, especially if these mothers are citizens of their
country of residence.
See also how ‘faahisha mubayyana’ was explained by
Ali, Asad and Bakhtiar, as ‘open
lewdness,’ ‘openly guilty immoral conduct,’ and the ‘approaching of manifest
indecency.’ I don’t think these
explanations can help us pinpoint what it is we are talking about: Lewdness, immorality, and indecency are changing
concepts, relative to people and place!
The Arabic is much clearer:
‘Evidenced
Pervading Atrocity,’ is the 4-person witnessed and sworn to ‘consummate sexual act’ (when the actual
ACT has been witnessed. Indeed, if the
accusation does not reach the consensus of all four witnesses swearing to have
seen THE COMPLETE ACT -or the spouse on his own, seeing it and swearing 4 times,
PLUS his wife admitting to it (put ‘accusing spouse’ in ‘Search’), each accuser
will face 80 lashes and be considered an ‘unreliable witness’ for life, whether
or not they were reporting truthfully what they had witnessed!! This means that if any of the witnesses has
second thoughts, or is proven not to have actually seen it, all others get 80
lashes each (put ‘accusers witnesses’ in ‘Search’) [x].
Our explanation has to follow set linguistic
guidelines.
Without that, our application becomes based on
ambiguity rather than fact.
These issues will vary
from country to country, and we might find that the more so-called ‘Islamic’ a
country, the narrower its interpretation and the less it will ensure women’s
rights or work towards their progress and participation. It is tragic when commentators
add their own slant to certain Qur’anic words and concepts. Indeed, when we read most applied explanations
of this chapter, we find few Qur’anic words on each page, surrounded by countless comments and clarifications. What we obtain in the end is the
Commentator’s intent, and not the Qur’an’s.
2. After
mentioning that divorced women should NOT be put out of THEIR residences, Verse
1 continues, asserting that THESE ARE GOD’S BOUNDARIES (حدود الله),
and whoever crosses God’s boundaries has indeed wronged himself. The verse ends by telling the listener that
he (masculine singular) cannot determine (what would indeed take place), for God
may well bring about a new matter after that (another set of circumstances. Put ‘daraa’ in ‘Search’)
Here, dear Reader, we have an IMPORTANT DISCOVERY
to ponder:
The warning statement ‘..these are God’s boundaries/
Hudoodul-Lah…’ appears six times in the Qur’an,
ALWAYS related to how husbands and wives TREAT each other!!
In the case of husbands and wives, the couple/ the community is warned SIX times not
to transgress God’s boundaries:
·
(Once) with regard to the couple not having intercourse during
the (Ramadan) day’s fast or seclusion in places of prayer (HQ 2:187).
· (Once)
with regard to wives’ inheritance – after many verses about inheritance (HQ 4:13).
· (Four
times) with regard to husbands’ separation from their wives:
---Three times about ‘Divorce/ Talaaq’ (HQ 2:229, 2:30,
65:1)
---Once about ‘Thihaar’ which we spoke of earlier (HQ 58:4).
Therefore, the warning statement ‘..these
are God’s boundaries/ Hudoodul-Lah…’ ALWAYS relates to the NUCLEUS of
society, to the inner, PRIVATE relationship between spouses, which when aright,
sets everything else aright, and when broken, endangers the entire social
fabric.
Q. Shouldn’t
we wonder WHY NO ONE seems to have paid attention to this fact?
Furthermore,
shouldn’t we RAISE OUR VOICES IN INDIGNATION and ask:
HOW on
earth did the Qur’anic word ‘Hudood’ come to mean something totally different
and UNRELATED in our literature?
WHY have
important family-matters called the ‘Hudood of God’ in the Qur’an, been
replaced in our literature and in cognition by something else, given the name ‘Hudood,’
and said to be deterrent punishments ‘ordained by God for serious crimes’..
(flogging, misinterpreted cutting off of hands etc.. see Wikipedia or Google the
word in English or Arabic).
Violation
upon violation of Qur’anic intent!
How many people, and what amounts of effort, would it take
to get this information out, allow open-minded discussion, and make changes that
would put our version of ‘Islam’ back on the Straightened Path?
Let us
correct our MIS-nomers so as to begin understanding the Qur’an!
This is where YOU come in, dear Reader. Spread this important knowledge.
But remember that what is presented here is NOT the last word
on the subject: It is only the first.
After research, we discuss and assess. Then we make changes.
Your children and grandchildren will thank you for it.
3. Continuing on the subject of
divorce, Verse 2 directs husbands that when the divorced women have reached the
‘end of term/ ajal,’ they (husbands) are to either to hold onto them (the
wives) as is mutually acceptable, or part from them as is mutually acceptable,
and to have two persons of ‘justice’ as witnesses, and to uphold the testimony/
witness for God. Then the last part of the
verse underlines the seriousness of this, stating that the aforementioned (directives)
are what someone who believes in God and the last day is admonished with, asserting
that anyone (husband or wife) who is aware of God shall be rendered a way out
(of any inconvenience/ hardship, especially if related to these directives).
And
then Verse 3 CONTINUES, adding four more assertions.
These
assurances are VERY IMPORTANT, so I shall list them clearly below.
Once
you’ve studied them, dear Reader, you will note that they are the key to ‘BREAKTHROUGH FROM HARDSHIP’:
THE
FIVE ASSURANCES
· Whoever is AWARE of God, He shall
render a way out of hardship for
him
· and He shall grant provision to him from
unexpected sources
· for whoever RELIES on God, He (God Alone) shall suffice him
· since ([xii]) God
has rendered for everything a capacity
for projection to its utmost (see ‘qadr’).
WOW.
Whoever
is in hardship may use this ‘miraculous’ key, after making sure its 4 ‘bits’ are
all functional:
Awareness of God
Reliance upon Him
Knowing that there is purpose for everything in life
Making the Effort to project what we have, to full potential.
That
key ensures us… ENSURES us (can we ever doubt God’s assurances?)… it ensures us
A BREAKTHROUGH FROM HARDSHIP: Doors that
had been closed, or hidden from us, suddenly open… and provision comes to us
from directions we hadn’t even thought of!
This
verse, Verse 3, is VERY important for those of us who wish to understand ‘qadr,’
which is embedded in everything God
has bestowed upon us, as the verse says:
‘…God ‘shall attain to His affair/
command….’ It is how everything gets implemented. Please put the word in ‘Search.’
Q.
We might wonder why this ‘key’ is mentioned here, within verses related to
divorce.
A.
Actually, these verses are just as much about resolving conflict within a
marriage, as they are about
divorce. To make possible any successful
resolution of conflict between two parties, we need three ingredients: MUTUAL RESPECT, GENEROSITY, and WILL/ intent
([xiii]). The existence of these three makes us spare
no EFFORT to physically deliver the ‘resolution’ from Possibility into Reality.
· Awareness of God makes us
RESPECTFUL of each other.
· Reliance on God makes us
GENEROUS to one another.
· Believing in Qadr makes us
WORK to obtain the best out of everything.
And
since marriage is the most prevalent and most important ‘contract’ in life, the
Qur’an seems to place it here as a STANDARD for the continuation OR dissolution
of every other contract we might make.
Isn’t
it beautiful how this verse continued the statement begun at the end of Verse 2,
which asserted that whoever is aware of God shall be rendered a way out of
hardship?
4. We’ve already explained Verse
4 as it relates to the ‘iddat’ time-frame.
This verse also has a beautiful ending where it assures that:
‘…whoever is aware of God, for him God shall render ‘ease’
in his affairs …’
Isn’t
the facilitation/ easening of our difficulties a wonderful thing? All we have to do, is be Aware of God!
Verse
5 states that this is a command of God descended upon you (all), and whoever is
aware of God, God shall ‘cover/ compensate’ for him his misdeeds against others
and shall increase his recompense (see ‘sayyi’aat’).
Dear
Reader:
It
is truly amazing that on this one page
of the Qur’an, we find ALL three verses which begin with the
words:
‘… and whoever
is aware of God, God shall…’
These
words are followed by FIVE PROMISES.
For
Those who are AWARE of God:
· God shall OPEN a way for them
out of hardship, and
· grant them PROVISION from
unexpected sources, and
· EASE their affairs, and
· ‘COMPENSATE for’ their misdeeds,
and
· Increase their REWARD.
What more could one wish for?
Let
us all make a conscious decision today to enhance our awareness of God.
It
is worth it!
5. Verses 6 directs listeners
(husbands) towards generosity with their ex-wives, indicating that they house
the divorced-women at a location ‘from where you reside,’ at a standard ‘within
your means,’ in a manner which is ‘not hurtful to them’ with the intention of ‘restricting
(livelihood) upon them.’ Pregnant
divorcees are mentioned specifically at the end of the verse, so that their
ex-husbands would also support them financially for the duration of the
pregnancy AND the suckling/ breast-feeding of the newborn (see Yusuf Ali.. .[xiv]).
Society
/ both parties are then urged to command (and agree to) what is mutually
acceptable among each other, failing which (when difficulties arise),
breast-feeding could be undertaken by another woman on behalf of the husband
(it is the father’s duty to feed & support the child; mothers breast-feed
voluntarily, even in stable marriages).
Scholars have differed as to whether (fully) divorced
women (during their waiting period) should get housing plus allowance, each
basing their argument on precedence, and on what they’ve heard of the Prophet’s
‘Hadeeth,’ peace upon him.
For
example:
‘Ash-hab
Ibn Malek’ says (about such a divorcee, termed by scholars: ‘Baa-en’ بائن) that the husband should
depart from her, leaving her in the house for the duration of her ‘iddat.’ He argues that God would not have said to the
men ‘house them (the women)’
had the divorced couple been intended to remain in the house together
(remember, even if they were to reconcile at that point, they cannot remarry
because the divorce is already final. Her
ex-husband can only approach her for marriage after she had married and divorced
someone else).
-Ibn
Nafi’ says of Imam Malik, that if she is not pregnant, she should only get
housing without allowance. Imam Shaafi’i is of the same view, based on a single
Hadeeth by ‘Fatimah Bint Qays’ in which she said the Prophet had told her that
she was to get NEITHER housing nor allowance.
Interestingly, when Omar Ibn Al Khattab was later asked in a similar
case, he ruled against this ‘Hadeeth’ saying, ‘We do not authorize anything
upon Muslims based on the word of one woman.’ And he gave divorcees right to both
housing and allowance. Imam Abu Haneefah
says she gets both housing and allowance, based on the verse itself which
directs men not to hurt their divorcees by restricting (livelihood) upon them.
Dear
Reader:
In
matters of ‘jurisprudence/ Fiqh’ such as this, you’d find many views, and pages
upon pages of argument. Since each era
and each case had its particulars, we find early scholars differing in opinion,
sometimes even with their own teachers (which is great: Differing was
considered healthy at the time!). Later
on, jurists were discouraged from offering their own educated opinions based on
research, and the doors to ‘ijtihaad’
were ‘closed.’ Everyone felt safer to
abide by precedence, without seeking fresh outlook into matters. Indeed, ‘innovation’ was strongly discouraged,
which is one reason why ‘Muslims’ fell behind in development and advancement.
Do
you now see, dear Reader, why the address at the beginning of the chapter was
to the Prophet, not to the Messenger?
These directives are related literally
to the Prophet and to the people among whom he was chosen. Other generations CAN and SHOULD take this as
a basis AND WORK FURTHER towards the BEST dissolution of a marriage, both in
general as well as case by case. Everyone must bear in mind that the main
provider is the man, therefore he is the one spoken to, and urged to provide
and be as generous as he can afford to be.
The woman, on the other hand, is usually the one in danger of being
wronged, which is why Verse 6 specifically forbids harassing or constraining
her.
In
different parts of the world we find the laws changing in favor of women, which
is how it should be ‘Qur’anically.’ How
else would we be fulfilling the requisites mentioned above?
Furthermore,
how else could Verse 7 be implemented, with both its open-ended commands and both
its assurances?
COMMANDS:
·
‘He who is of abundant means is to spend of his abundance…’
How much? It doesn’t say, but God knows and states that it
should be as much as he can afford!
(‘Li:’ The ‘laam’ of command.)
·
‘…and He whose provision has (already) been projected upon/ against him, is to spend of what
God has given him…’
(‘Li:’ The ‘laam’ of command.)
How much? It doesn’t
say, but God knows and states that no matter how little he has, he must spend whatever
he can afford on her, REMINDING him that it is God who gave him that provision
in the first place!
ASSURANCES:
·
‘..God does not burden any Self with more than what He has
given it…’
So do your best within what you’ve been
given.
·
‘..God SHALL render, after hardship: Ease.’
It
is now obvious that these directives are open-ended, and their limits are
according to THE BEST OF OUR MEANS, and NOT pre-set.
The
open-endedness of these directives, and their suitability to different
situations are perhaps the main reasons why the address at the beginning of the
chapter was to the ‘Prophet,’ not to the ‘Messenger.’
As
we continue to the next verses, we realize that the directives related to divorce
are but part of the picture, and there is dire warning to those who defy or
oppose their Lord’s commands!
6. Verses 8-9, which appear
right after the verses on divorce, warn of the seriousness of not heeding God’s
commands, reminding us indirectly to handle the dissolution of marriages in the
best manner possible. An example is
given of townships which had received command from their Lord and His
Messengers to which they did not comply, and were taken to account, receiving
dire suffering and tasting the consequence of their affair (total Loss).
Verses
10- 11 elaborate (on what was mentioned in Verse 9), mentioning the suffering
which was prepared for such townships, and cautioning ‘Those of Insight and
Commitment who have attained Faith’ to be aware of God, and that God has ‘sent
down / delivered’ to them an ‘Evocation/ Reminder,’ a Messenger who recites His ‘clarifying/ expounding’ Signs (in
sequence) so as to bring out ‘Those who Have Attained Faith and Performed Good
Deeds’ from the Darkness-es into Light (Regular Readers will remember that
Darkness is always plural while Light is always singular). Verse 11 ends with a general statement about
such a person (who has faith in God and performs good deeds) that he shall be
entered into Gardens beneath which rivers flow, abiding therein for a Time
(extensive time-span), God has indeed well-provided for him!
Notes:
Isn’t
it interesting, how the picture flows seamlessly and we hardly notice that,
once in the Garden, ‘he’ becomes ‘they’ (singular becomes plural) ..!?
(There
is a famous proverb which says: ‘Al-Janneh bila naas, maa btindaas!’ Heaven
without people is not worth stepping into!)
New
Readers: Please check out the meanings
of ‘khuld’ and ‘abad,’ which most people explain as ‘eternity,’ or infinite
endless time.
Regular
Readers know that ‘Those of Insight and Commitment/ Ulul Albaab’ are a category
of people we aspire to. The Qur’an tells us that it is
they who ‘remember,’ and that any lesson learnt in life is a ‘Reminder’ for
them ([xv]).
Important
observation:
Did
you notice that, once the subject of divorce had ended, we have the command to
be aware of God and that God had sent us a Reminder, a MESSENGER reciting God’s
Signs (not a ‘Prophet’)? It is through The Message itself that Muhammad, peace
upon him, reminds us Believers…. regardless of what era we happen to live in or
what location we might inhabit. This is
VERY important for those who wish to understand the difference between
‘Prophet’ and ‘Messenger.’
Also,
when we reread the entire Chapter, we find ourselves tying the subject of how
society handles the break-up of a marriage, to its breaking-down as a township,
suffering the consequences of not having heeded God’s command. This reminds us of the Chapter titled ‘The
Light/ Al Noor,’ which is all about protecting the community of the Faithful,
from the inside, out.
7. The final verse flows in seamlessly:
In
Verse 11 we learnt that whoever has Faith in God and performs good deeds shall
be entered into Gardens beneath which rivers flow, abiding therein for a Time,
and God has indeed well-provided for him.. Now Verse 12 continues:
‘GOD WHO created the seven Exalted Expanses, and of
the Earth alike to them, the Command descends continuously between them so that
you (all) will ‘know’ (mark out/ recognize the
fact) that God is over all things ‘Qadeer’
(Creator and Projector) and that He
has encompassed everything with Knowledge.’
QADEER:
Regular
Readers will remember that although the traditional explanation of the word is ‘Capable/
Powerful,’ yet the Arabic LANGUAGE and the 1,000 year old definition of the root-verb
‘qadara’ have given us deeper meaning:
To
read the amazing concept of ‘qadr’ put the word in ‘Search.’
Remember
that God has created everything in
‘qadr’ (HQ: 25:2), which means it
has an innate capacity for PROJECTION to
its utmost. Where it ends up projecting to, is related to its specific
circumstances and ‘motivation.’ We also
said that ‘qadr’ is embedded in everything He bestows upon us as
per HIS attribute of ‘Qadeer’ (being Omnipotent Creator and Projector).
Notice how being ‘Qadeer’ (of
‘Power /Capability/ Creation/ Projection’ is inseparable from ‘Knowledge.’
We
can all agree that, had we (as Arabs or as ‘Muslims’) recognized the
relationship between Knowledge and Power, we wouldn’t have been where we are today.
I
have no doubt that what is happening today is the beginning of our
‘Awakening.’ May we work together and
seek enlightenment, finding our way back to the ‘Straightened Path’ and to
Peace, and help our world progress in the right direction.
Amen.
طلق: يدلُّ على التَّخلية والإرسال. يقال انطلقَ الرّجل
ينطلق انطلاقاً. ثمَّ ترجع الفروع إليه، تقول أطْلَقْتهُ إطلاقاً. والطِّلْق:
الشيء الحلال، كأنَّه قد خُلِّيَ عنه فلم يُحظَر.
ومن الباب عَدَا الفرس طَلَقاً
أو طَلَقين. وامرأة طالقٌ: [طَلَّقها زوجُه، وطالقةٌ غداً. وأطلَقْتُ النّاقةَ من
عِقالها وطَلّقتها فطلَقت. ورجل طَلْق الوَجه وطليقُه، كأنَّه منطلق. وهو ضدُّ
الباسر؛ لأنَّ الباسر الذي لا يكاد يَهَشّ ولا ينفسِحُ ببشاشة. وأهل اليمن يقولون:
أبسر المركب، إذا وقف. ويقال طَلَقَ يدَه بخير وأطْلَقَ بمعنى.
Renowned Sunni scholars, such as Imam Abu Hanifah,
have said that the declaration ‘I divorce you,’ if repeated, must be announced
in three separate months during ritual purity for a divorce to be considered
final. Imam Shafi’i said that he did not
know of any ‘Sunna versus Bid’a classification’ with regard to the number of
divorce announcements. Imam Malik saw no
necessity for three declarations, considering the single declaration a ‘Sunna’
(see this link
for Arabic commentary).
If the couple DO have young
children, it is common for their divorced mother to stay with them supported by
their father until they are old enough to leave her and be with him (different
countries have different ages depending on gender).
Sadly, what usually takes place, especially with younger women, is that
they tend to leave their homes and move back to their parents as soon as
problems seem irreconcilable. This robs
her of the option of softening to him, makes their spontaneous
get-back-together impossible, and places often insurmountable hurdles in the
way of reconciliation. It is to preserve
marriages that the ‘iddat’ was advised ‘on location.’
See how
important it is to FIRST execute the deceased’s will (waSeeyyah/ communication/
instruction) AND pay his debts BEFORE dividing up the inheritance (4 times mentioned in
two verses): BOTH THE WILL AND DEBTS HAVE TO BE SETTLED before anything can
be divided up.
When we list the first group by topic we realize that these verses call:
·
(1 once) ‘O Prophet’ initially, to appoint him also as
Emissary/Messenger (أرسلناك),
entrusting him with what that role entails: HQ 33:45.
·
(1 once) Commanding his Awareness and non-compliance to the
Deniers and the Hypocrites: HQ 33:1.
· (5 times) Encouraging him and authorizing battle: HQ
8:64, 65; 9:73, 66:9, and with regard to captives HQ 8:70.
(6 times) Directing him
on issues related to women/family life: HQ 33:28, 50, 59; 65:1; 66:1; and the
acceptance of women’s pledge 60:12.
[vii] However, when we copy + paste "يا أيها الرسول" (O Messenger) we note that it appears
only twice, both times related to the Message which Muhammad, peace upon him,
is receiving and has to convey:
·
HQ 5:67 commands the
Messenger to deliver the Message, granting him immunity[vii] يعصمك (as Messenger), meaning that his successful delivery
of the Message will be not be obstructed or tampered with by the people. It also states that God does not guide those
who Deny Him.
·
HQ 5:41 tells him most
importantly that, as Messenger, his responsibility is in delivering the
Message, and NOT in convincing people; he should therefore not be grieved by
those who are rushing into Denial.
Q. What is the
difference when Qur’an mentions Muhammad, peace upon him, as Prophet or
Messenger?
A. It is important to begin from the premise
that each word in the Qur'an carries ITS OWN WEIGHT and nothing is redundant.
Also, that there are no synonyms in the Arabic language, where EACH SOUND
denotes a specific meaning. 'Nabi' and Rasool are as different as their root-verbs,
the first relating to the general imparting of 'News,' and the other to the
specific delivery of a 'Message.'
Indeed, to us today the difference is CRUCIAL and the mixing-up of these two terms is at the root of most of our problems!
We must understand that the Message is Divine, and that anything Muhammad, peace upon him, is told to convey as 'Messenger' is unconditional and universal, and as Timeless as the final Message itself. The Messenger Muhammad therefore, did NOT fall prey to any error or temptation, and he certainly did NOT make any false Qur’anic recitals.
(Note that God's Messengers could be either human or angelic.)
On the other hand, Prophet-hood is not Divine. Prophets are a 'higher,' more knowledgeable category of humans with 'anbaa'- or 'breaking news' to impart to others. They are 'Prophets' in their communities. They could and do have human weaknesses, and they commit mistakes. It is in Muhammad’s capacity as ‘Prophet,’ peace upon him, that he was susceptible to a few personal errors, which God promptly called upon him to correct, and these corrections are recorded in the Qur’an: RECORDED IN THE DIVINE MESSAGE which he, as Messenger, conveyed even as it reproached him in his capacity as 'Prophet' of his community.
Note that it is also in his capacity as ‘Prophet’ that he was called upon to take certain strategic positions as in HQ 8:67, 9:73.
Indeed, to us today the difference is CRUCIAL and the mixing-up of these two terms is at the root of most of our problems!
We must understand that the Message is Divine, and that anything Muhammad, peace upon him, is told to convey as 'Messenger' is unconditional and universal, and as Timeless as the final Message itself. The Messenger Muhammad therefore, did NOT fall prey to any error or temptation, and he certainly did NOT make any false Qur’anic recitals.
(Note that God's Messengers could be either human or angelic.)
On the other hand, Prophet-hood is not Divine. Prophets are a 'higher,' more knowledgeable category of humans with 'anbaa'- or 'breaking news' to impart to others. They are 'Prophets' in their communities. They could and do have human weaknesses, and they commit mistakes. It is in Muhammad’s capacity as ‘Prophet,’ peace upon him, that he was susceptible to a few personal errors, which God promptly called upon him to correct, and these corrections are recorded in the Qur’an: RECORDED IN THE DIVINE MESSAGE which he, as Messenger, conveyed even as it reproached him in his capacity as 'Prophet' of his community.
Note that it is also in his capacity as ‘Prophet’ that he was called upon to take certain strategic positions as in HQ 8:67, 9:73.
Look
for yourself:
The address, ‘O Prophet’ appears 13 times in the Qur’an, calling upon him with commands ranging from the very personal (inter-marital), or the reproachful, to the rallying calls to decisive action, which sometimes encourage and authorize battle, even as they combine severity with compassion.
The address, ‘O Prophet’ appears 13 times in the Qur’an, calling upon him with commands ranging from the very personal (inter-marital), or the reproachful, to the rallying calls to decisive action, which sometimes encourage and authorize battle, even as they combine severity with compassion.
Listing them by topic shows us that these verses call:
•(1 once) ‘O Prophet’ initially, to appoint him also as Emissary/Messenger (أرسلناك), entrusting him with what that role entails: HQ 33:45.
•(1 once) Commanding his Awareness and non-compliance to the Deniers and the Hypocrites: HQ 33:1.
•(5 times) Encouraging him and authorizing battle: HQ 8:64, 65; 9:73, 66:9, and with regard to captives HQ 8:70.
•(6 times) Directing him on issues related to women/family life: HQ 33:28, 50, 59; 65:1; 66:1; and the acceptance of women’s pledge 60:12.
However, the Qur’an calls upon him ‘O Messenger’ only twice, both times related to the Message which Muhammad, peace upon him, is receiving and has to convey:
•HQ 5:67 commands the Messenger to deliver the Message, granting him immunity يعصمك (as Messenger), meaning that his successful delivery of the Message will be not be obstructed or tampered with by the people. It also states that God does not guide those who Deny Him.
•HQ 5:41 tells him most importantly that, as Messenger, his responsibility is in delivering the Message, and NOT in convincing people; he should therefore not be grieved by those who are rushing into Denial.
This research further confirms that:
‘Prophet’ describes the relationship of a chosen person to the people from amongst whom he was chosen and the specific circumstances of their interaction, while ‘Messenger of God’ describes the relationship of this chosen person to the Message itself (in both its receipt and delivery), and its Divine Source, God.
According
to what I understand (due to the Qur’an’s differentiation between Prophet and
Messenger), in THESE verses, other details surrounding these procedures CAN and
SHOULD be added (by later communities) as they enact legal proceedings to
safeguard the family unit, making sure they protect the rights of women and
children in a divorce. Thus, generation
after generation, laws will get amended or added to, ensuring fairness and
stability. It is only when that takes
place that everyone can feel safe, and we won’t find wives fearing
‘Islamic’ practices/ laws.
I would be remiss if I did not mention that
the two words ‘faahisha mubayyanah’ have often been mis-explained in ways that
subdue women, some even stating that it means: ‘being discourteous to
in-laws’..!
أصولٌ خمسةٌ: الأمر من الأمور، والأمر ضدّ
النهي، والأَمَر النَّماء والبَرَكة بفتح الميم، والمَعْلَم، والعَجَب.
فأمّا الواحد
من الأمور فقولهم هذا أمرٌ رَضِيُتُه، وأمرٌ لا أَرضاه. ...والأمر الذي هو نقيض
النَّهْي قولك افعَلْ ... ومن هذا الباب الإمْرَة والإمارة، وصاحبها أميرٌ ...ومن
هذا الباب الإمَّرُ الذي لا يزال يستأمِر النّاسَ وينتهي إلى أمرهم. قال الأصمعي:
الإمّرُ الرّجل الضعيف الرأي الأحمق. الذي يَسمعُ كلامَ هذا وكلام هذا فلا يدري
بأيِّ شيءٍ ..
وأمّا النّماء
فقال الخليل: الأمَرُ النّماء والبَرَكة وامْرَأَةٌ أَمِرَةٌ أي مباركةٌ على
زوجها. وقد أمِرَ الشّيء أَي كثُر. ويقول العرب: "من قَلَّ ذَلَّ، ومن أَمِر
فَلّ" أَي من كثُرَ غَلَبَ. وتقول: أمِرَ بنو فلان أمَرَةً أي كثُروا وولدَتْ
نَعَمُهُم.
قال الأصمعيّ:
يقول العرب: "خيرُ المالِ سِكّةٌ مَأْبُورَة، أو* مُهْرَةٌ مأمورة" وهي
الكثيرةُ الولدِ المبارَكة. ويقال: أَمرَ الله مالـه وآمَرَه. ومنه
"مُهرةٌ ومن الأوّل: {أَمَرْنا
مُتْرَفِيها [الإسراء 16]. ومن قرأ (أَمَّرْنا)
فتأويله وَلَّيْنا.
وأمّا المَعْلَمُ
والمَوْعِد فقال الخليل: الأَمارة المَوْعِد...
قال الأصمعيّ:
الأمارة العلامة، تقول اجْعَلْ بيني وبينك أمَارة وأمَاراً.
والأمارُ أمارُ
الطّريق: مَعالِمُه، الواحدة أَمارة.
والأمَرُ
واليَأْمُور العَلَم أَيضاً، يقال: جعلتُ بيني وبينه أمَاراً ووَقْتا ومَوْعِداً
وأَجَلاً، كل ذلك أَمارٌ.
وأمّا العَجَبُ
فقول الله تعالى: {لَقَدْ جِئْتَ شَيْئاً إمْراً} [الكهف 71].
[xii]
‘Qad’ + verb in past tense: Shows that something has
taken place of a certainty; a fact of matter.
See HQ 4:35
(…if both intend reconciliation, God will
help them to it..). Therefore, when an arbiter cannot
reconcile both parties, it means that one side was not fully willing.
Yusuf
Ali: “If there is pregnancy, a sacred third life comes on the scene,
for which there is added responsibility (perhaps added hope of reconciliation)
for both parents. In any case no separation is possible until after the child
is born. Even after birth, if no reconciliation between parents is possible,
yet for the nursing of the child and for its welfare the care of the mother
remains the duty of the father, and there must be mutual counsel between him
and the mother in all truth and sincerity.”
Put
‘Ulul Albaab’ in ‘Search.’ Of the 16 times in the Qur’an
that they are mentioned, here is the last.
