Al-Baqarah ( The Family: The Foundation Of Human Society) 221 - 242
Do not marry women who associate partners with God unless they embrace the true faith. Any believing bondwoman is certainly better than an idolatress, even though the latter may well please you. And do not give your women in marriage to men who associate partners with God unless they embrace the true faith. Any believing bondman is certainly better than an idolater, even though the latter may well please you. These invite to the fire; whereas God invites to paradise and to the achievement of forgiveness by His leave. He makes plain His revelations to mankind so that they may bear them in mind. (221)
They ask you about menstruation. Say: “It is an unclean condition; so keep aloof from women during menstruation, and do not draw near to them until they are cleansed.
When they have cleansed themselves, you may go in unto them in the proper way, as God has bidden you. God loves those who turn to Him in repentance, and He loves those who keep themselves pure.’ (222)
Your wives are your tilth; go, then, to your tilth as you may desire, but first provide something for your souls. Fear God and know that you shall meet Him. Give the happy news to the believers. (223)
Do not allow your oaths in the name of God to become an obstacle to your being kind and God-fearing, or to promoting peace among people. God hears all and knows all. (224)
God shall not take you to task for oaths which you may have uttered without thought, but He will take you to task for what your hearts have conceived in earnest.
God is much-Forgiving, Forbearing. (225)
Those who take an oath that they will not approach their wives shall have four months of grace. If they go back on their oaths, God is much-Forgiving, Merciful; (226)
and if they are resolved on divorce, [let them remember that] God hears all and knows all. (227)
Divorced women shall wait, by themselves, for three monthly courses. It is unlawful for them to conceal what God might have created in their wombs, if they believe in God and the Last Day. During this period, their husbands are entitled to take them back, if they desire reconciliation.
Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have an advantage over them.
God is Almighty, Wise. (228)
Divorce may be [revoked] twice, whereupon a woman may either be retained in fairness or released with kindness. It is unlawful for you to take back from women anything of what you have given them [as dowry], unless they both [husband and wife] fear that they may not be able to keep within the bounds set by God. If you have cause to fear that they would not be able to keep within the bounds set by God, it shall be no offence for either of them if she gives up whatever she may in order to free herself.
These are the bounds set by God; do not, then, transgress them. Those who transgress the bounds set by God are wrongdoers indeed. (229)
Should he divorce her [a third time], she shall not thereafter be lawful for him to remarry until she has wedded another hus- band. If the latter then divorces her it shall be no offence for either of the two if they return to one another, if they feel that they will be able to keep within the bounds set by God. Such are the bounds set by God.
He makes them plain for people who have knowledge. (230)
When you have divorced women and they have reached the end of their waiting-term, either retain them with fairness or let them go with fairness. Do not retain them out of malice in order to hurt them. He who does so wrongs his own soul.
Do not take God’s revelations in a frivolous manner. Remember the blessings God has bestowed upon you, and all the revelation and wisdom He has bestowed upon you from on high in order to admonish you. Fear God and know well that He has full knowledge of everything.
(231)
And when you have divorced women and they have reached the end of their waiting- term, do not prevent them from marrying their husbands if they have agreed with each other in a fair manner. This is an admonition for everyone of you who believes in God and the Last Day. That is more virtuous for you, and purer. God knows, whereas you do not know. (232)
Mothers may breast-feed their children for two whole years; [that is] for those who wish to complete the suckling. The father of the child is responsible to provide in a fair manner for their sustenance and clothing.
No human being shall be burdened with more than he is well able to bear. Neither shall a mother be allowed to cause her child to suffer, nor shall a father cause suffering to his child. The same shall apply to the father’s heir. If, by mutual consent and after due consultation, the parents choose to wean the child, they will incur no sin thereby. Nor shall it be any offence on your part if you engage wet nurses for your children, provided that you hand over what you agreed to pay, in a fair manner. Fear God, and know that God sees all that you do. (233)
Those of you who die leaving wives behind, their wives shall wait, by themselves, for four months and ten days. When they have reached the end of their waiting-term, you shall incur no sin in whatever they may do with themselves in a lawful manner. God is aware of all that you do. (234)
You will incur no sin if you give a hint of a marriage offer to [widowed] women or keep such an intention to yourselves. God knows that you will entertain such intentions concerning them. Do not, however, plight your troth in secret; but speak only in a decent manner. Furthermore, do not resolve on actually making the marriage tie before the prescribed term [of waiting] has run its course. Know well that God knows what is in your minds, so have fear of Him; and know that God is much-Forgiving, Forbearing. (235)
You will incur no sin if you divorce women before having touched them or settled a dowry for them. Provide for them, the rich according to his means and the straitened according to his means. Such a provision, in an equitable manner, is an obligation binding on the righteous. (236)
If you divorce them before having touched them but after having settled a dowry for them, then give them half of that which you have settled, unless they forgo it or he in whose hand is the marriage tie forgoes it.
To forgo what is due to you is closer to being righteous. Do not forget to act benevolently to one another. God sees all that you do. (237)
Attend regularly to your prayers, particularly the middle prayer, and stand up before God in devout obedience. (238)
If you are in fear, pray walking or riding.
When you are again secure, remember God, since it is He who has taught you what you did not know. (239)
Those of you who die leaving their wives behind, shall bequeath to their wives provisions for one year without their being obliged to leave [their deceased husbands’ homes]. Should they leave home [of their own accord], you shall incur no sin for what they may do with themselves in a lawful manner. God is Almighty, Wise.
(240)
Divorced women shall have a provision according to what is fair. This is an obligation on the God-fearing. (241)
Thus God makes clear to you His revelations that you may understand. (242)
Overview
The following section of the sūrah deals with the family, the nucleus and the foundation of Muslim society, to which Islam has extended notable attention and effort, regulating its essential aspects and ensuring its safety and protection against abuse and disintegration. Such attention is reflected in several Qur’ānic sūrahs and addresses all necessary elements to ensure the strong foundation of the family in Muslim society.
The Islamic social order is family-based by virtue of its being a divinely-ordained system for human society that takes full account of the essentials of human nature and its basic requirements.
Its ingredients originate with the very essence of life itself, as stated in the Qur’ān when it says: “Of all things We have created a pair [male and female], so that you may give thought.” (51: 49) “Limitless in His glory is He who has created pairs of whatever the earth produces, of your own kind, and of that which they [people] have no knowledge. “ (36: 36)
Human life began with one person, out of whom came a spouse, and then offspring from the pair of them, and so on. The result is this numerous multitude of human beings. The Qur’ān says: “Mankind, fear your Lord, who 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.” (4: 1) @Mankind! We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another.” (49: 13)
The Qur’ān also highlights the special inherent attraction between the male and the female of the human species which is vital for setting up and supporting the family unit: “And of His signs is that He creates for you mates from your own selves, so that you may incline towards them, and He engenders between you love and compassion.” (30:
21) “They [your wives] are a garment and you are a garment to them.” (2: 187) “Your wives are your tilth; go, then, to your tilth as you may desire, but first provide something for your souls, and fear God and know that you shall meet Him.” (2: 223) “And God has made for you in your homes, a place of rest.’’ (16: 80)
As ever, Islam strongly emphasizes the harmony and compatibility between the philosophy and the spirit upon which the system of the natural universe is built and that upon which the human social order is based.
The family is the natural environment in which children can be raised and protected, and allowed to grow and develop, mentally and physically. Within the family, they receive love, kindness and care, and gain the values, ideals and behaviour patterns that will accompany them for the rest of their lives, and according to which they will know life, understand it and deal with it.
Humans have the longest childhood period of all species, extending to several years. It is the formative period during which children acquire all the essential skills that will enable them to chart their way through life and find a suitable role in society. It is made longer in order to ensure that adequate training, education and discipline are imparted to children to prepare them sufficiently for the future, especially in view of man’s heavy responsibility in this world. Furthermore, children need to be cared for and brought up by their own parents in a happy and stable environment.
Marriage To Unbelievers
Do not marry women who associate partners with God unless they embrace the true faith. Any believing bondwoman is certainly better than an idolatress, even though the latter may well please you. And do not give your women in marriage to men who associate partners with God unless they embrace the true faith. Any believing bondman is certainly better than an idolater, even though the latter may well please you. These invite to the fire; whereas God invites to paradise and to the achievement of forgiveness by His leave. He makes plain His revelations to mankind so that they may bear them in mind. (Verse 221)
Marriage is the deepest and most enduring bond that can exist between two human beings. It calls for the widest possible range of mutual and intimate responses and, therefore, requires the most firm emotional commitment that can be made. For this to be achieved, a clear common objective must exist between the two parties, and what is better than religious faith to provide such affinity and unity of purpose. This profound influence of religion on human thought has often been ignored or overlooked and some societies have made the mistake of trying to replace religious faith with one social philosophy or another.
During the early days of Islam in Makkah, although the Muslims had succeeded in detaching themselves spiritually and ideologically from the rest of society, it was not possible for them to totally disengage themselves socially. This transformation required time and a measured pace of change. In Madinah, however, where Muslims were to acquire an independent social as well as religious identity, the new social order rapidly began to take shape, with these Qur’ānic verses prohibiting any new marriage of Muslims and idol worshippers. Existing marriages remained valid, however, until the sixth year of the Islamic calendar when verses 9 and 10 of Sūrah 60
were revealed, annulling such marriages once and for all.
From then on, marriages involving Muslims and pagans were prohibited, as such unions were considered devoid of spiritual meaning and non-deserving of God’s blessings or consecration, since the parties involved did not share the same beliefs and outlook on life. Having honoured mankind, God does not want marriage to be based on mere physical attraction. It is a bond that is closely related to the divine system for human life.
Hence, we have a clear, definitive injunction: “Do not marry women who associate partners with God unless they embrace the true faith.” (Verse 221) Were the unbelieving woman to embrace the faith, the barrier would be removed and the hearts of the two people concerned would fall into harmony and could be united in marriage as they are united in belief.
“Any believing bondwoman is certainly better than an idolatress, even though the latter may well please you.” (Verse 221) Such attraction would normally be physical, rather than spiritual, and therefore superficial. It is the attraction of the soul that really matters, even if the Muslim girl is a slave, because it would be infinitely more enduring and profound.
Purity In Sexual Relations
The next point the sūrah deals with is a delicate and most private one, but here again marital relations are elevated above the physical contact, even when the discussion is concerned with the most physical aspect of married life, namely, sexual relations:
They ask you about menstruation. Say: “It is an unclean condition; so keep aloof from women during menstruation, and do not draw near to them until they are cleansed.
When they have cleansed themselves, you may go in unto them in the proper way, as God has bidden you. God loves those who turn to Him in repentance, and He loves those who keep themselves pure.’ Your wives are your tilth; go, then, to your tilth as you may desire, but first provide something for your souls. Fear God and know that you shall meet Him. Give the happy news to the believers. (Verses 222-223)
Within marriage, sex is not an end in itself, but a means to achieving much more profound goals in life, not least of which is reproduction and the continuation of human life. While it may satisfy the physical desire, sex during menstruation is not only unclean and carries health risks for both man and woman, but also fails to serve its fundamental objective. As a matter of fact, sex during menstruation is not very attractive to normal healthy people because it is not conducive to reproduction.
Sound human nature tends to avoid it. On the other hand, during cleanliness sex fulfils the natural desire and achieves a natural objective. Therefore, the question raised is given a clear answer of prohibition: “They ask you about menstruation. Say: ‘It is an unclean condition; so keep aloof from women during menstruation, and do not draw near to them until they are cleansed.’” (Verse 222)
However, that is not the end of the matter. Sexual behaviour outside the menstruation period must conform to certain manners and standards of decency and propriety: “When they have cleansed themselves, you may go in unto them in the proper way, as God has bidden you.” (Verse 222) Here the sūrah points out that sexual intercourse is allowed only at the place where fertilization may take place. The immediate physical pleasure is not the only purpose of sexual intercourse; its higher purpose is the continuity of human life. God points out what He has made lawful, and a Muslim seeks what is lawful. Moreover, God’s laws are meant to purify His servants. Hence the statement: “God loves those who turn to Him in repentance, and He loves those who keep themselves pure.” (Verse 222)
The sūrah then defines this aspect of the marital relationship in the most poignant and affectionate terms, saying: “Your wives are your tilth; go, then, to your tilth as you may desire, but first provide something for your souls. Fear God and know that you shall meet Him. Give the happy news to the believers.” (Verse 223)
There can hardly be a more accurate and eloquent description of the nature and purpose of this aspect of the relationship between husband and wife. It is by no means a complete description of the marital relationship. Elsewhere in the Qur’ān we find other similarly befitting and powerful descriptions, such as: “They [your wives] are a garment and you are a garment to them.” (2: 187) “And of His signs is that He creates for you mates from your own selves, so that you may incline towards them, and He engenders between you love and compassion.” (30: 21)
Oaths And Atonements
The sūrah then moves on to the subject of renouncing wives on oath and abstaining from sexual contact with them as a form of punishment. By way of introduction, it begins with talking about oaths in general, saying:
Do not allow your oaths in the name of God to become an obstacle to your being kind and God-fearing, or to promoting peace among people. God hears all and knows all.
God shall not take you to task for oaths which you may have uttered without thought, but He will take you to task for what your hearts have conceived in earnest. God is much-Forgiving, Forbearing. Those who take an oath that they will not approach their wives shall have four months of grace. If they go back on their oaths, God is much- Forgiving, Merciful; and if they are resolved on divorce, [let them remember that] God hears all and knows all. (Verses 224-227)
The accepted interpretation of the opening part of this passage is that attributed to `Abdullāh ibn `Abbās who is quoted as saying: “Do not allow the fact that you have made an oath prevent you from doing what is good and righteous; rather, do what is right and atone for your oath.” According to Ibn Kathīr, a similar view is attributed to a host of leading scholars.
To support this interpretation, the Prophet’s statement, reported by Abū Hurayrah and related by Muslim, is often quoted. The Prophet said: “Whoever made an oath and later realized that it would be better to do something different, let him atone for his oath and do what is better.” Al-Bukhārī cites the statement reported by Abū Hurayrah that the Prophet said: “For someone to insist on honouring his oath concerning his relationship with his wife is, in God’s sight, far worse than to relent and pay the atonement God has prescribed for going back on an oath.” It may, therefore, be concluded that the main import of the statement is that oaths should not be an excuse for not doing what is best under the circumstances. One should not hesitate to revoke an oath one has taken if it becomes clear that revoking it is better from the Islamic point of view. The promotion of goodness and reconciliation takes precedence over one’s commitment to an oath.
A case in point is the vow made by Abū Bakr, the Prophet’s leading Companion, that he would never forgive one of his relatives, Misţaĥ, for taking part in the campaign to slander the Prophet’s wife, `Ā’ishah, who was also Abū Bakr’s daughter.
On that occasion a passage was revealed, declaring `Ā’ishah’s innocence of what was said against her. Then a verse follows in the same sūrah calling on believers to always choose the better course of action. This verse may be translated as follows:
“Let not those of you who have been graced with God’s favour and are well-off withhold their generosity from their relatives, or the needy, or those who leave their homes for the cause of God. Let them forgive and forebear. Do you not wish that God should forgive you your sins?
God is much-Forgiving, Merciful.” (24: 22) Abū Bakr relented and atoned for his oath, and reinstated his generous help to Misţaĥ.
Rules Of Divorce
Having reached in the previous verse a point when divorce becomes a possibility, the sūrah goes on to outline in some detail the rules governing divorce and all matters relating to it, such as the waiting period and maintenance: “Divorced women shall wait, by themselves, for three monthly courses. It is unlawful for them to conceal what God might have created in their wombs, if they believe in God and the Last Day. During this period, their husbands are entitled to take them back, if they desire reconciliation. Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have an advantage over them. God is Almighty, Wise.” (Verse 228)
The three monthly courses referred to here are variously understood as three menstrual periods, or three periods of cleanliness from menstruation. The idea is that a divorced woman should not seek another marriage within that period.
The original Arabic expression uses a most delicate and sensitive language when advising divorced women to “wait, by themselves, for three monthly courses.” It conveys a mixed sense of eagerness and apprehension. It suggests that a divorced woman would have a strong desire to start a new marital relationship in order to reassure herself, and show others, that the failure of her marriage was not due to any weaknesses or shortcomings on her part, and that she remained attractive to men and capable of starting her life afresh. Being the one who had initiated the divorce, the husband would naturally have no such feelings.
Furthermore, the Qur’ān appeals to the woman’s faith in God and the Last Day, urging her not to conceal the fact if she were pregnant by the divorcing husband.
Reminding her of the Last Day, the time for punishment and reward, is especially pertinent here as it is meant to arouse her conscience and make her totally scrupulous over such a grave matter. After all, God knows the truth and there is no point in hiding it from Him.
The waiting period also acts as a period of grace during which the estranged couple can test their feelings and emotions. They may still have feelings for each other, and their mutual compassion might have been overshadowed by a temporary moment of heated emotions, or a misunderstanding, or personal pride. Once tempers are cooled and fury gives way to common sense, the couple might reconsider their situation and decide that it would be more sensible to forget their disagreement and resume their life together.
Divorce is the least preferable solution in God’s eyes; it should only be used as a last resort, when all else has failed. Elsewhere, the Qur’ān urges that divorce must be preceded by attempts at reconciliation and that it must not take place during the menstrual period. It is only possible in a period of cleanliness from menstruation during which no sexual intercourse has taken place between the divorcing couples.
This gives yet more time for reflection and reconsideration.
When a first divorce between a married couple is initiated, the waiting period acts as a test for their feelings, and if they discover during this time that reconciliation is possible, that option is available to them. As the sūrah says: “their husbands are entitled to take them back, if they desire reconciliation.” (Verse 228) The condition here is that, in coming back together again, the couple should be seriously seeking reconciliation.
Fair And Balanced Divorce Systems
The next set of rules relates to the number of times divorce can take place and the wife’s full entitlement to her dowry, except in the case when a wife buys herself out of a marriage she feels she could not sustain for fear that she might commit an act of disobedience to God. Under such circumstances, a wife may forgo part of her dowry or make an agreed settlement in order to release herself when her husband is unwilling to divorce her.
The sūrah says: “Divorce may be [revoked] twice, whereupon a woman may either be retained in fairness or released with kindness. It is unlawful for you to take back from women anything of what you have given them [as dowry], unless they both [husband and wife] fear that they may not be able to keep within the bounds set by God. If you have cause to fear that they would not be able to keep within the bounds set by God, it shall be no offence for either of them if she gives up whatever she may in order to free herself These are the bounds set by God; do not, then, transgress them. Those who transgress the bounds set by God are wrongdoers indeed.” (Verse 229)
Couples are allowed to divorce and revoke their divorce twice before the condition stated in the next verse applies. Under this provision, remarriage with a three-times divorced wife cannot take place except in the case when she legally marries another husband who may subsequently, and in the normal course of events, divorce her. Should this take place normally, without it being pre-arranged, the woman and her first husband may be re-married, if they believe that by now they are able to make their marriage successful.
The background to this ruling is that in pre-Islamic Arabia no limitation was set on the number of times divorce could take place. Men would marry, divorce and remarry the same woman, virtually at will. When a man from Madinah had fallen out with his wife and grew to dislike her intensely, he vowed that he would neither keep her nor let her go; he would divorce her and then take her back just before her waiting period had elapsed. The woman complained to the Prophet Muĥammad, to whom this verse was then revealed.
This is another example of the prudent and propitious method the Qur’ān had adopted in providing the Muslims with the rulings and directions they needed to organize their community. This approach continued throughout the period of the revelation of the Qur’ān until all the main provisions of the Islamic code were fully laid down, enabling succeeding generations of Muslims to live by their guidance and principles.
Limiting the number of times divorce can be revoked prevents its abuse. The first time a man divorces his wife he would be entitled, without the need for any formalities, to take her back anytime during her waiting period. If this period elapses, the divorce would become final and a fresh marriage contract, with a fresh dowry, would have to be entered into. In both cases, the husband is allowed one additional divorce if matters again go wrong. The third time a divorce takes place, it is final and irrevocable. The only way a three-times divorced couple could resume a married relationship would be if the ex-wife married a different man who subsequently dies or, in the normal course of events, divorces her and she completes her waiting period without the marriage being re-instated.
Kindly Retention Or Amicable Separation
Having detailed the divorce procedure, the sūrah goes on to give directions to divorcing couples, urging them to show kindness, compassion and consideration during the post-divorce period, regardless of how the rift came about:
When you have divorced women and they have reached the end of their waiting-term, either retain them with fairness or let them go with fairness. Do not retain them out of malice in order to hurt them. He who does so wrongs his own soul. Do not take God revelations in a frivolous manner. Remember the blessings God h bestowed upon you, and all the revelation and wisdom He ha bestowed upon you from on high in order to admonish you. Fear God and know well that He has full knowledge of everything. And when you have divorced women and they have reached the end o their waiting-term, do not prevent them from marrying their husbands if they have agreed with each other in a fair manner. This is an admonition for everyone of you who believes in God and the Last Day. That is more virtuous for you, and purer. God knows, whereas you do not know. (Verses 231-232)
Married life must be built on a spirit of mutual kindness, fairness and compassion, and this spirit must be evident even if the relationship has to be severed. Malice and ill-will must not be allowed to cloud this relationship. But, this can only be attained if the parties concerned are guided by faith in God and are conscious of their accountability to Him in the hereafter. They ought to acknowledge God’s grace and blessings in allowing them to marry and enabling them to seek happiness elsewhere when the marriage fails, and providing both parties with necessary and fair guarantees for compensation and redress. These principles of kindness and fairness must be observed under all circumstances.
In pre-Islamic society, women faced a great deal of oppression and abuse. Female infanticide was widespread in Arabia, and those who survived would suffer cruelty and degradation throughout their lives. Women were bought and sold like animals; mares and she-camels were sometimes considered more precious! They would suffer when they were married; and they received grossly unfair treatment when divorced.
Divorced women were not allowed to remarry without their former husband’s permission, nor were they allowed by their families to return to their husbands if they wished to be reconciled. Generally, women were looked down upon in Arabia, as indeed in other societies.
When Islam came, it brought fresh principles and values that recognized women and afforded them a status comparable to that of men. It elevated marriage to a religious duty, preserved women’s human dignity, and established for them specific rights when they were married and when they were divorced. These principles and values were a gift from God to both men and women, guaranteeing for them fundamental human, social and legal rights they had neither demanded nor even thought possible.
Thus, as the end of the waiting period approaches, a husband should either take his wife back into the marriage, with no ill-feelings and with a sincere intention to treat her kindly and sympathetically; or allow the waiting period to elapse and the divorce to take effect without causing any harm or injustice to the divorced wife or demanding any compensation from her.
Child Care In Broken Homes
The following ruling concerns the fostering and breast-feeding of infants after divorce. When a marriage breaks up, certain ties, commitments and relationships continue to exist between the divorced couple, foremost among which is the well- being and upbringing of children. The sūrah covers all possible eventualities:
Mothers may breast-feed their children for two whole years; [that is] for those who wish to complete the suckling. The father of the child is responsible to provide in a fair manner for their sustenance and clothing. No human being shall be burdened with more than he is well able to bear. Neither shall a mother be allowed to cause her child to suffer, nor shall a father cause suffering to his child. The same shall apply to the father’s heir. If, by mutual consent and after due consultation, the parents choose to wean the child, they will incur no sin thereby. Nor shall it be any offence on your part if you engage wet nurses for your children, provided that you hand over what you agreed to pay, in a fair manner. Fear God, and know that God sees all that you do.
(Verse 233)
A divorced mother continues to have a God-given duty towards her infant, no matter how acrimonious the separation from her husband. God’s mercy and compassion dictate that under no circumstances should the children be made to suffer, especially during the early years of life when they are still being breast-fed.
Modern scientific research has shown that the mother’s milk is essential for the first two years of life for the healthy physical and psychological development of the child.
Mankind needed to know this important fact and hence God, out of His infinite mercy, revealed it in the Qur’ān more than fourteen centuries ago.
In return, the mother has secured the right that the father must provide for her maintenance with fairness and good-will, as partners in their responsibility towards the infant and within their respective means.
“No human being shall be burdened with more than he is well able to bear” (Verse 233)
The child should not be used by either parent as a pretext to put pressure on the other, and: “Neither shall a mother be allowed to cause her child to suffer, nor shall a father cause suffering to his child” (Verse 233)
Neither parent should resort to emotional blackmail or coercion to extort concessions from the other. Were the child’s father to die: “The same shall apply to the father’s heir.” (Verse 233) The father’s heir takes over the responsibility to provide for the suckling mother in a fair manner. This is a case where gains and liabilities are shared within the family: the heir receives his share of inheritance and discharges the liabilities of the deceased. It is essential that this right of the mother, and that of her child, is respected and fulfilled in all situations.
“If by mutual consent and after due consultation, the parents choose to wean the child, they will incur no sin thereby.” (Verse 233) If, for health or other reasons, the parents, or the mother and the father’s heir, jointly decide that it would be in the child’s interest to take him off his mother’s milk before he has reached two years of age, they shall have the right to do so, provided they have had sufficient consultation over the matter, and act in the child’s interest.
The Case Of Widows
The sūrah then turns to introduce the rules governing widows; their waiting period and whether and when they can entertain new proposals for marriage:
Those of you who die leaving wives behind, their wives shall wait, by themselves, for four months and ten days. When they have reached the end of their waiting-term, you shall incur no sin in whatever they may do with themselves in a lawful manner. God is aware of all that you do. You will incur no sin if you give a hint of a marriage offer to [widowed] women or keep such an intention to yourselves. God knows that you will entertain such intentions concerning them. Do not, however, plight your troth in secret; but speak only in a decent manner. Furthermore, do not resolve on actually making the marriage tie before the prescribed term [of waiting] has run its course.
Know well that God knows what is in your minds, so have fear of Him; and know that God is much- Forgiving, Forbearing. (Verses 234-235)
In pre-Islamic Arabia, widows suffered a great deal of injustice at the hands of their own families, their in-laws and society in general. When a husband died, his widow would be confined to a drab part of the home and made to wear her shabbiest clothes and refrain from using any perfume or incense for a whole year. At the end of that period, she would be required to perform a series of degrading and meaningless rituals which included casting animal faeces into the air and riding an ass or a sheep through the town or village. Islam did away with all those worthless customs and alleviated the suffering of widows who, in addition to the grief of losing their husbands, had to endure the humiliation and persecution of their families and were deprived of the opportunity to resume a happy and decent family life.
Islam set a waiting period of four months and ten days, which is slightly longer than that for a divorced wife, unless a woman is pregnant, in which case her waiting period extends until she has delivered. The purpose of the waiting period is to determine whether the woman is pregnant and to avoid hurting the feelings of the family of her deceased husband by leaving his home immediately after his death.
During this period, the widow wears modest clothes, and does not wear the sort of make-up that encourages suitors to propose marriage to her. Once the waiting period is over, no one, from either her family or that of her deceased husband, has the right to dictate to her what to do with her life. She is totally free to decide for herself within the established traditions and teachings of Islam. She is free to wear all the adornments permitted for Muslim women, to receive marriage proposals, and to give her consent to marrying anyone she chooses, unimpeded by any antiquated or unreasonable traditions or customs. She has only God to please and fear. For: “God is aware of all that you do.” As for men who wish to marry a widow before the end of her waiting period, the sūrah gives a most perceptive ruling, based on the observance of principles of decency and propriety, ethical and social values, and the feelings and sensibilities of all concerned while taking account of the overall needs and interests of the community as a whole: “You will incur no sin if give a hint of a marriage offer to [widowed] women or keep such an intention to yourselves.” (Verse 235)
Kindness After Divorce
The sūrah then tackles a different, but frequently met, situation, in which a woman is divorced before the consummation of the marriage. It outlines the respective rights and obligations of both spouses.
You will incur no sin if you divorce women before having touched them or settled a dowry for them. Provide for them, the rich according to his means and the straitened according to his means. Such a provision, in an equitable manner, is an obligation binding on the righteous. If you divorce them before having touched them but after having settled a dowry for them, then give them half of that which you have settled, unless they forgo it or he in whose hand is the marriage tie forgoes it. To forgo what is due to you is closer to being righteous. Do not forget to act benevolently to one another. God sees all that you do. (Verses 236-237)
Two situations are outlined here. The first involves a woman who is divorced before her marriage had been consummated or a dowry agreed. In this case, the husband is obliged to recompense her according to his means. Such a gesture would have an immense psychological impact on the woman, who would be devastated at having her marriage dissolved before it has even begun. It would go a long way towards dissipating any bitterness or acrimony left in her heart. The unfulfilled marriage would be understood as an unfortunate mistake rather than a reflection on her suitability or integrity. The aim would be to diffuse the tension and conduct the severance of the relationship amicably, in a spirit of fairness and with no hard feelings. Meanwhile, the size of the gift offered in this case is left to the man’s discretion and conscience, within his financial ability: “the rich according to his means and the straitened according to his means. Such a provision, in an equitable manner, is an obligation binding on the righteous.” (Verse 236)
The second possibility arises if a dowry has been agreed and settled, in which case half of it must, in principle, be paid unless the wife, or her guardian if she is young, choose, without any pressure, to forgo such a payment. Forgoing such a claim is the attitude of one who has the power of the law on her side but she declines to touch the money of a man with whom she no longer has any relation.
Nevertheless, the Qur’ān goes on to urge more fear of God, tolerance, magnanimity and benevolence on the part of all involved. It exhorts: “To forgo what is due to you is closer to being righteous. Do not forget to act benevolently to one another. God sees all that you do.” (Verse 237)
A Question Of Worship
Having evoked an atmosphere of submission to, and consciousness of, God, the sūrah interjects with a short passage on prayer, the main act of worship in Islam, before it deals with other aspects of divorce. The inference here, in the inimitable style of the Qur’ān, is that obedience to God in matters of marriage and divorce is an act of worship no less reverent or commendable than prayer itself. This is in total harmony with the comprehensive Islamic concept of worship (`ibādah) which encompasses all human activity and is seen as the central purpose of human existence, expressed in the Qur’ān: “I have not created the jinns and human beings to any end other than that they may worship Me.” (51: 56)
The sūrah says: “Attend regularly to your prayers, particularly the middle prayer, and stand up before God in devout obedience. If you are in fear, pray walking or riding. When you are again secure, remember God, since it is He who has taught you what you did not know.” (Verses 238-239)
This is a clear instruction to Muslims to attend regularly to the five daily prayers, offering them in the proper manner, in the correct form, and at their appointed times.
The middle Prayer is generally taken to refer to `Aşr, or mid-afternoon prayer, on the basis of reports that on the day of the Battle of the Moat (627 CE), the Prophet Muĥammad was heard cursing the enemy forces for “causing us to miss the middle prayer of `Aşr. May God engulf their hearts and homes in fire.” The reason for a specific mention of the `Aşr prayer is perhaps because it falls during that part of the afternoon when people take a short rest and may easily miss it.
The sūrah also emphasizes total devotion during prayers, because in the early days, Muslims used to, if they felt the need, talk and break away from the prayer to attend to urgent business. When this verse was revealed, it became clear that nothing should distract one from prayer and that worshippers must stand before God in a state of complete submission and devotion.
The sūrah points out that even in times of danger and war, Muslims must not neglect the obligatory prayers. They may perform them in the most convenient way possible under the circumstances. They are permitted to perform the prayer in whatever posture they find themselves in, walking or riding, without having to face the qiblah, the direction of the Ka`bah, or follow the prescribed procedure. This is not to be confused with Şalāt al-khawf or ‘prayer while in a state of fear’, referred to in Sūrah 4, which relates specifically to the performance of prayer in the battlefield. If fighting actually breaks out, or an enemy attack is imminent, the ruling given in the present sūrah will apply.
The great importance God attaches to prayer is very clear. It is seen as a source of inspiration and moral support, and should not be neglected no matter how dangerous or threatening the situation may be. In times of war, it is another weapon a Muslim may use in facing the enemy. It is a supply line from God Almighty at a most crucial moment.
More Rights For Widows And Divorcees
This interjection, with its fine spiritual touch, serves as a fitting interlude before the remaining rules on the rights of widows and on divorce are given:
Those of you who die leaving their wives behind, shall bequeath to their wives provisions for one year without their being obliged to leave [their deceased husbands’ homes]. Should they leave home [of their own accord], you shall incur no sin for what they may do with themselves in a lawful manner. God is Almighty, Wise. Divorced women shall have a provision according to what is fair. This is an obligation on the God-fearing. Thus God makes clear to you His revelations that you may understand.
(Verses 240-242)
The first of these three verses establishes the right of a widow to a bequest by her deceased husband, allowing her to stay in his home with a provision for her maintenance. She does not need to leave his home or marry again during that period if that is what she chooses to do. This does not exclude her right to leave the house after four months and ten days, the waiting period, as laid down earlier. While the waiting period is an obligation upon the widow, her staying in her late husband’s home for a year is her right. Some jurists are of the opinion that this ruling is overruled by the one given in Verse 234. Such a conclusion is not justified since the two rulings refer to two different matters: one establishes a widow’s right while the other states an obligation binding upon her.
The sūrah goes on to state that: “Should they leave home [of their own accord], you shall incur no sin for what they may do with themselves in a lawful manner.” (Verse 240) The use of the plural ‘you’ in this context is significant because it indicates a collective communal responsibility for the welfare of widowed women, and a need for all members of the community to respect and observe Islamic rules and norms.
The concluding phrase, “God is Almighty, Wise,” draws attention to God’s power and wisdom in laying down such rules, with a hint of warning that they should not be taken lightly.
The next verse institutes a divorcee’s right to provisions, in general, and links the observance of this to righteousness and God-fearing.
Some scholars are of the view that the right given in this verse was superseded by those outlined earlier, which is again difficult to justify because the ‘provisions’ referred to here are not the same as maintenance. The context and the spirit of these Qur’ānic passages suggest that such provisions are a right of all divorced women irrespective of whether the marriage was consummated or a dowry agreed and settled. These provisions are designed to mitigate the bitterness and acrimony normally associated with divorce, and to offset some of the sadness and disappointment that follow the separation. The sūrah again evokes the couple’s fear of God as the best guarantee of fairness and generosity.
The final verse in this section asserts: “God makes clear to you His revelations that you may understand.” (Verse 242) God lays down rules clearly, fairly and effectively, inviting people to reflect on their value and purpose and to appreciate God’s blessings and mercy, implicit in them. They should not lose sight of the fact that they are aimed to bring about conciliation and accord. They are straightforward, easy and beneficial to put into practice, but rigorous and decisive at the, same time.