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.

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.

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.