In the Shade of the Qur'an by Sayyid Qutb

This surah, Divorce, is an outline by God of the rules governing divorce, discussing in detail those cases that were not discussed in the other surah that tackles this important issue, Surah 2, The Cow. The surah also deals with a number of other family issues that result from divorce. It specifies the time when divorce may take place if it is to gain Gods approval and to follow His law: “ Prophet! When you divorce women, divorce them with a view to their prescribed waiting period.” (Verse 1) It states the divorced woman’s right and duty to stay in her family home, i.e. her divorcing husband’s home, during her waiting period. She cannot be turned out and should not leave of her own accord except in situations where a woman has committed an act of gross indecency:

“Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency” (Verse 1) It also specifies the woman’s right to leave home after the end of her waiting period and her freedom to do what she likes, unless her husband has reinstated the marriage within the waiting period. Should this occur, it should only be to resume normal married life between them. It cannot be done to cause the woman any harm or to deprive her of the chance to marry a different man: “ When they have completed their appointed term, either retain them in fair manner or part with them in fair manner.” (Verse 2) Whichever option is followed, retaining the marriage or allowing the break up to be complete, it should be in the presence of witnesses: “Call to witness two persons of known probity from among yourselves.” (Verse 2)

In Surah 2, the waiting period of a woman who has not yet reached the menopause is specified as three cycles, counting either the time of menstruation or the time of cleanliness. The scholarly difference here is based on the linguistic meaning of the term used in the surah, qur' which applies to either period. In this surah, the waiting period of a divorced woman who has passed the menopause or who is too young to have a period is specified: “As for those of your women who are beyond the age of monthly courses, as well as for those who do not have any courses, their waiting period, if you have any doubt, is three months. n (Verse 4)

Likewise, the waiting period of a pregnant divorcee is specified: “As for those who are with child, their waiting term shall end when they deliver their burden. ” (Verse 4)

The surah also includes rulings on the home where a divorced woman lives during her waiting period and, if she is pregnant, her right to maintenance until she has delivered the baby: “Let them dwell wherever you dwell, according to your means, and do not harass them so as to make their lives a misery. If they are with child, maintain them until they have delivered their burden.” (Verse 6) The surah then goes on to give detailed rules about the breast-feeding of a divorcee’s child and her right to financial compensation if she so breast-feeds the child, if the two parents agree this is in the child’s best interests, as also provisions for the child’s breast-feeding by another woman if the two cannot agree: “If, after that, they suckle your infants, pay them for it. Take counsel with one another in a fair manner. If some of you make things difficult, let another woman suckle the child.” (Verse 6) The surah then adds further details on maintenance and compensation in all cases, making it commensurate with the financial means of the divorcing husband:

“Let the one who has ample means spend in accordance with his means; and let the one whose provisions are restricted spend according to what God has given him. God does not burden anyone with more than He has given them.” (Verse 7)

Thus, the surah takes up all divorce situations, providing detailed legislation for each context. It caters for every problem that results from the collapse of the family, providing a comfortable solution that combines clarity with care, ease and attention to detail.

This surah is remarkable in the way it tackles divorce and the situations that may result from it. It brings together many aspects of encouragement and warning, and gives comments on every order and ruling. It links the question of divorce to Gods will as it works in the heavens and the earth, and to God’s law that brings destruction to those who stubbornly disobey Him. By the same token, it also provides comfort and increased provisions to those who remain God-fearing. It repeats its directive to treat the other party with kindness, forbearance and mutual consideration, always preferring to do a good turn. It holds out the prospect of people receiving better results, reminding them of Gods will and how it applies to creation, the provision of sustenance, and in cases of ease and affliction.

We can only look with amazement at the numerous universal truths brought together in a surah that primarily deals with divorce. The theme is taken so seriously that the surah begins making its address to the Prophet personally, although it is intended as a general address to all believers. The surah is also remarkable in the way it deals with each situation in great detail, requiring that its provisions and rulings be implemented while maintaining a fear of God. We also note that the comments given are numerous, coupled with promises of reward and warning against punishment. These comments, long and frequent as they are, give the impression that this question is the total sum of Islam.

It is the question determined by God who watches how His instructions are put into effect. Those who implement them with a genuine God fearing sense need fear no harm, while those who procrastinate, evade or try to harm others are threatened with the sternest punishment. It raises the hope of good prospects to the community that deals with such situations in a fair, reasonable and kind manner.

We read in this surah statements like: “Be of God, your Lord... These are the bounds set by God. Whoever transgresses God's bounds wrongs his own soul. You never know; after that, God may bring about some 63

In rhe Shade of the Qur’an new situation." [Verse 1) “Call to witness two persons ofknown probity from among yourselves; and do yourselves bear witness before God. Thus is admonished everyone who believes in God and the Last Day For everyone who fears God, He will grant a way out, and will provide for him whence he does not expect. God will be sufficientfor everyone who puts his trust in Him. God always attains His purpose. God has set a measurefor everything." (Verses 2-3) “For everyone who is God-fearing, God makes things easy. Such is God's commandment which He has revealed to you. God will pardon the bad deeds of everyone who is God-fearing and will grant him a richI reward." (Verses 4-5) “After hardship, God will grant ease." (Verse 7)

We also read the following stern, long and detailed warning: “Many a community that insolently defied the commandment of their Lord and His messengers We have brought to account in a severe manner and inflicted on them terrible suffering. Thus they tasted the outcome of their own conduct. Yet the end of their conduct was ruin. God has prepared a severe punishment for them." (Verses 8-10) We note how it is followed with a strong caution against doing what leads to such a fate, and a reminder of the great blessing of sending God’s Messenger with the light that he brings and with the promise of great reward: “So, you who are endowed with insight, you who have faith, fear God. God has bestowed on you a reminder from on high. [He has sent you] a Messenger who recites to you God's revelations that make things clear, so that He may lead those who believe and do righteous deeds out of the depths of darkness into the light.

God will admit everyone who believes in Him and does righteous deeds into gardens through which running waters flow, where they will abide for ever.

God will have granted them a most excellent provision." [Verses 10—11)

We then read how it is all concluded with a note that opens up the whole universe before us: “It is God who has created seven heavens and likewise of the earth. His command descends through them all, so that you may learn that God has power over all things, and that God encompasses all things with His knowledge." (Verse 12)

All this is contained in a comment on the rulings regarding divorce.

We also note that a whole surah of the Qur’an is devoted to regulating this situation and the consequences that result from it. In this way, we see how divorce is linked to the most fundamental and essential facts of faith, both at the level of the universe and the level of the human soul, even though divorce is a situation of ruin, not building, a severance, not initiation, and its subject matter is a family, not a state. Yet the surah gives us the impression that it is more serious than establishing a state.

What does all this signify? Its significance is varied, but in its totality it points to the sublime nature of this religion, its seriousness and its divine origin. This is clear even though nothing else points to it other than this surah. Hence, we see how the Islamic system approaches the family question with much seriousness. Islam is a system based on the family. The family home is a shelter that gives comfort. People live there nurturing ties of love, affection, mutual sympathy and care while observing values that maintain purity and the absence of lewdness.

Within the family home children are reared and looked after.

Relations within the family are shown in an atmosphere of clarity that radiates with mutual sympathy and genuine care: “/4Wamong His signs is that He creates for you spouses out of your own kind, so that you might incline towards them, and He engenders love and tenderness between you.” (30: 21) “ They are as a garment for you, as you are for them.” (2: 187) Marriage, then, is a bond between two souls, based on mutual inclination, love and tenderness. It establishes a unit within which relations reflect mutual care and kindness. The very words the Quran uses in reference to the family generate an air of ease and tenderness as they express the type of bond Islam wants to see within this unit, recognizing its noble objectives of helping life to continue through procreation. Therefore, these objectives are shown to be clean, pure and serious. It describes them very aptly in the following way: “ Your wives are your tilth.” (2: 223) This description also implies fertility and increase in numbers.

In keeping with its total approach to all aspects, Islam provides this homely unit with all its care and warrantees. It does not limit itself to spiritual inspiration, but also adds legal provisions and guarantees.1

In the Shade of the Qur’an When we look at Islamic family legislation in the Qur’an and the Sunnah regarding all situations, and consider the directives accompanying the legal provisions, as well as the different influences brought to bear, and the fact that the whole question is given a direct link to God at every step, as is the case in this surah and in others, we then realize how important an institution the family is in the Islamic system. We appreciate the value God assigns to the question of the family when we remember that in the opening verse of Surah 4, Women, God states in the same sentence the requirement of fearing Him and being mindful of family ties: “Mankind, fear your Lord, who has created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women. Fear God, in whose name you appeal to one another, and be mindful of your ties of kinship. Indeed, God is ever watching over you." (4: 1) He also combines worshipping God alone with kindness to parents:“ Your Lord has ordained that you shall worship none but Him, and that you must be kind to your parents." (17: 23) In another surah, gratitude to God is coupled with gratitude to one’s parents: “Be grateful to Me and to your parents" (31: 14)

That we should take such great care is consistent with God’s will that has established human life on the basis of the family. He willed that the first unit in human existence was a family made of Adam and his wife. All mankind is the progeny of this first family unit. God could have created millions of human individuals at the same time, but He chose to let all humanity begin with a single unit because He wished to give the family a momentous role in human life. Family life meets the requirements of human nature and allows human abilities and character to develop. It also nurtures the child’s talents and strengthens his potential. The most profound influences on man are seen within the family. Therefore, the Islamic system, which represents the final and complete divine code for human life, fits perfectly with God’s will that brought man into existence. Such harmony is observed in everything that comes from God.

The second message that the surah's serious approach to marital and family matters delivers is how the Islamic system wishes to elevate these human ties to a sacred level that sees them linked to God. In essence, they are made a means for spiritual purification. This contrasts with the way they have been viewed in idolatrous beliefs and in distorted religion that has moved far away from dealing with human nature.

Islam neither suppresses natural feelings nor considers them dirty.

It only regulates, purifies and elevates them above the physical level so that they become central to many psychological and social values. By contrast, adultery, and prostitution in particular, removes from such natural desires all the exquisite feelings, attractions and values that have been refined over the long history of human life. It leaves such desires naked, dirty and coarser than in animals. In many animal and bird species, couples live together in a regulated life. They do not have the sort of sexual chaos that adultery spreads in some human communities, particularly where prostitution is rife.2

Islam considers marriage a means to maintain ones purity. It calls on the Muslim community to facilitate the marriage of men and women, should money become an obstacle to marriage: “Marry the single from among you as well as such of your male and female slaves as are virtuous.

If they are poor, God will grant them sufficiency out of His bounty. God is Munificent, All-Knowing. As for those who are unable to marry, let them live in continence until God grants them sufficiency out of His bounty” (24: 32-33) It calls marriage ihsan, which means protection. Thus, believers develop the concept that staying without protection, even for a short period, does not earn Gods favour. ‘All explained the reason for his marriage shortly after the death of his first wife, Fatimah, the Prophets daughter thus: “I feared to meet God when I was without a wife.” Marriage is, then, one of the acts of obedience to God, and by which a believer hopes to improve his position with God. The marital tie becomes to him a sacred one since it is part of obeying God.

This surah and similar ones like it indicate the realistic nature of the Islamic approach to life and to human nature. It accepts human nature as it is and works upon its potentials and circumstances. Therefore, it does not stop at either providing detailed legislation on a matter that is left to people’s consciences or issuing directives. Instead, it uses both in its approach to the human soul and to practical life.

To start with, the marriage bond is meant to be permanent and well established. Islam adds a host of guarantees to ensure that it remains so, raising it to the level of fulfilling God’s orders. It enables state funds to be used to help poor men and women marry. It legislates for the observance of values that prevent exposing physical charms so as to tempt the other sex, this so that desires are settled within a proper and legitimate framework. It prescribes punishments for adultery and false accusations of adultery. It protects the sanctity of homes by requiring people to ask permission before entering, and defines that people inside the home should ask permission before entering other rooms. Islam also regulates marital ties with specific rules and laws. It establishes the family system on the basis that one of the two partners is responsible for taking full care of the family, the man, as he is better suited for this responsibility. In this way, Islam prevents conflict and disorder within the family. Further safeguards are put in place to work together with directives utilizing peoples emotions. It adds to all this the fact that this bond and its preservation are an essential aspect of being God-fearing.

Yet practical human life shows that there are situations that end in ruin, despite all the guarantees and safeguards. These must be faced in a practical way. Denial is of no use when the continuity of marital life becomes almost impossible. To hold on to marriage in such cases serves no purpose.

Islam does not rush to enforce a break-up of the marriage once conflict erupts. On the contrary, it tries hard to hold on to it, allowing it to break only when there is no other way.

Islam addresses men: “Consort with them in a goodly manner. Even if you are averse to them, it may well be that you are averse to something in which God has placed much good.” (4: 19) Thus it encourages them to take things easy and to persevere, even when they are averse to their wives. It opens up a window for them as regards something they may not know: “It may well be that you are averse to something in which God has placed much good.” These women to whom they are averse may bring them much good, which they are unaware of. If God has this good in store for them, they must not let it go to waste. Nothing is more effective in working on emotions so as to control feelings of hate and moderate them.

Should the matter go beyond feelings of like or dislike and reach a point of incompatibility and irreconcilability, Islam does not rush to recommend divorce. Rather, it recommends an attempt by well- wishers to achieve reconciliation: “If you have reason to fear that a breach may occur between a (married) couple, appoint an arbiter from among his people and an arbiter from among her people. If they both want to set things aright, God will bring about their reconciliation.

God is indeed All-Knowing, aware of all things.” (4: 35) “If a woman has reason to fear ill-treament or desertion by her husband, it shall not be wrong for the two of them if they should try to set things peacefully to rights between them; for peace is best.” (4: 128)

If all such intermediation fails, and there appear to be things that prevent a tolerably peaceful life, then the split is serious. To retain the marriage in such circumstances would inevitably lead to failure. The pressures involved would compound the already adverse effects on the people involved. Hence, it is wise to accept the facts and put an end to the marriage. Islam in no way likes this, but views it as necessary. We should always remember that of all lawful things, God dislikes divorce most.3

Even if the man wants to divorce his wife, this is not instantaneously possible. The proper thing is for divorce to take place when the woman is not in her monthly period, and provided that no sexual intercourse had taken place between the couple. This means that a delay takes In the Shade of the Qur’an place, which could overcome the anger and provide an opportunity for the couple to review their situation. In this way, they may reflect and be more inclined to make peace. Divorce may then not take place as a result of this initial delay.

Moreover, there is the waiting period: three monthly cycles, or three months in the case of a divorced woman who has passed the menopause or until childbirth if the woman is pregnant. During this waiting period, the reinstatement of the marriage is possible if a change of heart takes place and the couple want to resume their married life.

Yet all these attempts do not negate the fact that a total split may occur and that there are situations that need to be practically regulated. Islam addresses these situations putting in place legislation to take care of all the aspects involved. Hence, we have the detailed provisions included in this surah, which show the practical Islamic approach to life’s problems in a way that ensures progress and maintains purity.

This surah with all that it includes of encouragement, warnings, emphasis, detailed provisions and telling comments clearly indicates that it was addressing certain situations that continued to carry traces of the days of ignorance, marked by the ill-treatment of women and gross injustice towards them. Hence, strong influences are brought to bear on peoples minds together with detailed provisions to close any loopholes that may allow evasion of the rules and a return to the old ignorant concepts that led to unhealthy marital relations.

This did not apply to Arabia only. It was common throughout the world. Women were treated in the same way as slaves, or worse than slaves, in almost all parts of the world. In some communities, sex was viewed as filthy and women were thought of as evil, tempting men to indulge in such filth. It was from such depths of global ignorance that Islam raised women and marital relations to their high and pure levels, giving women their rightful positions of honour and putting in place safeguards to protect their rights. No little girl would now be the victim of infanticide. Furthermore, when she reached a marriageable age, she could no longer be forced into marriage against her will. Whether virgin or mature, a woman must give her consent before she can be married.

As a wife, a woman has full and protected rights, and she further enjoys the safeguards provided by Islamic law. If divorced, a woman has the rights detailed in this surah and in Surah 2, The Cow, as also revealed elsewhere in the Qur’an and Sunnah.

At its own initiative, Islam put all these legislative provisions in place. It was not a response to a feeling among women in Arabia or anywhere else in the world that their situation was unsatisfactory, or to a twinge of conscience among men that required fairness to women.

There was no association of women in Arabia or anywhere else for that matter demanding reforms; nor were there any female members of any consultative or legislative assembly. Indeed, not a single voice demanded an improvement in women’s status. These legal provisions were part of the code made in heaven for implementation on earth, to ensure fairness to all its people. It was God’s will to raise human life from the depth of ignorance into which it had sunk, purge marital relations from their shameful status and to give to man and woman, created originally from a single soul, all their human rights that preserve their honour and dignity.

Islam is a noble religion. Only a perverted ignorant will stand in opposition to it. For, no one abandons God’s law in preference for human law except through the pressures of desire and a clinging to worldly pleasures.

Having reviewed the subject matter of the surah in general terms, we will now discuss the provisions it puts in place. When we look at them within the context of the surah, we find that they reflect life and movement and that they are full of inspiration. This is the difference between looking at such provisions within their Quranic context and studying them in books of Islamic law.