Al-Talaq (Divorce) 1-12
In the Name of God, the Lord of Grace, the Ever Merciful Prophet! When you4 divorce women, divorce them with a view to their prescribed waiting period, and reckon the period accurately.
Be conscious of God, your Lord.
Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency. 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 new situation. (1)
When they have completed their appointed term, either retain them in fair manner or part with them in fair manner. Call to witness two persons of known 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, (2)
and will provide for him whence he does not expect. God will be sufficient for everyone who puts his trust in Him. God always attains His purpose. God has set a measure for everything. (3)
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. As for those who are with child, their waiting term shall end when they deliver their burden. For everyone who is God-fearing, God makes things easy. (4)
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 rich reward. (5)
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. 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. (6)
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. After hardship, God will grant ease. (7)
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. (8)
Thus they tasted the outcome of their own conduct. Yet the end of their conduct was ruin. (9)
God has prepared a severe punish ment for them. So, you who are endowed with insight, you who have faith, fear God. God has bestowed on you a reminder from on high. (10)
[He has sent you] a Messenger who recites to you Gods 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. (11)
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. (12)
4. The plural form is used here indicating that the address is to the Muslim community as a whole.
The Process Of Divorce
Prophet! When you divorce women, divorce them with a view to their prescribed waiting period, and reckon the period accurately. Be conscious of God, your Lord. Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency.
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 new situation. (Verse 1)
This is the first stage and the first rule. It is addressed in the first instance to the Prophet, but it is soon realized that it is a general rule applicable to every Muslim, not to the Prophet in isolation. In the sentence starting with, 'when you divorce women, the pronoun you is used in the plural form throughout. This stylistic form is employed to alert attention and imply the seriousness of the matter under discussion.
God addresses it to the Prophet in person, giving him His instructions and directives, so that he will, in turn, deliver it to those who follow him. The psychological impact achieved in this way is both strong and clear.
“ When you divorce women, divorce them with a view to their prescribed waiting period” (Verse 1) An authentic hadith related by al-Bukhari explains this directive: “ ‘Abdullah ibn ‘Umar divorced his wife when she was in the midst of her menstrual period. ‘Umar mentioned this to the Prophet who was clearly angry. He said to ‘Umar: ‘Tell him to take her back and keep her until she has finished her period, then through her cleanliness cycle and her next menstrual period. When she is clean again if he still wants to divorce her, he should do so before he has intercourse with her. This is when the waiting period which God has ordained starts.” Muslim also relates this hadith but the last sentence in his version runs as follows: “This is the start of the waiting period which God ordered that women should be divorced with a view to.” It is clear, then, that there is a time when the divorce process can rightly start. A man cannot divorce his wife at any time; he can only do so when his wife is in a period of cleanliness from menstruation during which they have had no sexual intercourse. Other statements indicate that there is another time when the divorce process can be started, which is if the woman is clearly pregnant. The purpose behind limiting the time to these two situations is to delay the divorce for a while after the man has decided to so separate from his wife. During this time, tension may subside if it is of a transitory type and the couple may resume a normal life together. On the other hand, it also ensures that the woman is not pregnant before they embark on divorce. After all, a man may be inclined not to divorce his wife when he learns that she is pregnant. If he still resorts to divorce when he has become aware of her pregnancy, this means that his mind is made up. To sum up, the condition that the wife should be in cleanliness from menstruation without any intervening sexual intercourse is so as to ensure that she is not pregnant, and the condition that the pregnancy should be clearly determined is to ensure that the man is aware of it. This, then, is the first attempt to deal with cracks in the family structure, and to stop the axe that seeks to destroy it.5
5. Some readers may wonder about the woman’s right to initiate a termination of the marriage. Islam legislates separately for this situation. Verse 229 of Surah 2 includes a provision for it, and the Sunnah provides more details. Such termination at the wife’s request is called khul* in Islamic law. Hence, the provisions related to divorce are related to the husband, because he is the one required to take care of all complications resulting from divorce. - Editor’s note.
6. This is the view of the majority of scholars, but a minority hold that it does not occur unless it takes place in one of these two periods only.
Fairness In All Situations
When they have completed their appointed term, either retain them in fair manner or part with them in fair manner. Call to witness two persons of known 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 sufficient for everyone who puts his trust in Him. God always attains His purpose. God has set a measure for everything. (Verses 2-3)
These two verses deal with the next stage, stating its rulings.
Completing the term means the end of the waiting period. While the divorced woman is in her waiting period, whatever its length be, her husband may take her back in marriage and she regains her status as his wife. This is what is referred to in the verse as ‘retain them’. Likewise, he may allow the waiting period to reach its specified end when his divorced wife will part with him and she cannot be lawful to him again unless they go through a fresh marriage contract, just as if he had taken a new wife.
In either situation, the divorcing husband is commanded to behave in fairness. He is prohibited from retaining her so as to harm her. A man may retain his divorced wife shortly before the end of her waiting period then divorce her a second and a third time to prevent her from marrying someone else. He may also retain her to leave her, as it were, in a state of suspense, and so put further pressure on her causing her to offer to forgo her rights in order to gain her divorce. Both situations were common practice at the time this surah was revealed. They continue to take place when people deviate from the path of fearing God, which is the most important guarantee of the implementation of His rules governing cases of family relations and break ups. Husbands are also forbidden to harm their divorcees by verbal abuse of any sort. The marriage bond is set in place on the basis of fairness and must end, when it is terminated, in a fair manner, so that the couple retain good feelings towards each other.
They may, for all they know, resume life together in the future, and they will not then want to have any painful memory of verbal abuse that may cast a shadow on their new relation. Besides, this is the sort of good manners that Islam wants all its followers to abide by.
In either case of complete parting or reinstatement of the marriage, two witnesses of known probity are required, so that no doubt about the marriage status should remain. People may learn of the divorce, but the reinstatement of the marriage may escape their attention, which may lead to doubts and gossip. Islam wants all marital matters to remain clean and clear, in reality, in peoples feelings and in their conversations.
According to some scholars, but not others, the reinstatement of the marriage, as well as the full divorce, are completed without witnesses, but some make it a condition for the reinstatement of the marriage only.
7. We spoke in detail about this truth in our commentary on verse 2, Surah 25, in Vol.
XII, pp. 379-382, and also in commenting on verse 49, Surah 54, in Vol. XVI.
More On The Waiting Period
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. As for those who are with child, their waiting term shall end when they deliver their burden.
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 rich reward. (Verses 4-5)
These verses specify the length of the waiting period for women who do not have a monthly cycle and for pregnant women. It includes women who are past the menopause and those who do not as yet have a menstrual cycle because they have not attained puberty or because of a malfunction in their system. The length of the waiting period for women generally is determined in verse 228, Surah 2, as three menstrual periods or three periods of cleanliness from menses. Hence, there remained the question of how long a woman who does not have a monthly cycle should wait. This verse removes all doubt, setting the waiting period for such women at three months. Pregnant women wait until they have delivered their child, regardless of whether this provides a short or a long waiting period. Once a woman has given birth, it is absolutely certain that she is not pregnant. Hence, there is no need for her to have any extended waiting period. If such a woman is divorced, her divorce is complete once she has given birth. The process of her divorce is completed and the marriage cannot be reinstated without a fresh marriage contract. God has set a measure for everything, and every ruling of His has its wise purpose.
This ruling is followed by inspiring comments: “For everyone who is God fearing, God makes things easy." (Verse 4) Ease is the ultimate blessing that anyone hopes for. When God bestows this great favour on His servants, making things easy for them so that they encounter neither difficulty nor hardship, they will approach matters gendy, achieve what they desire easily through their endeavours and happily accept the outcome. Thus they live in ease and comfort until they are due to meet their Lord. Do we see here a temptation for people to approach divorce with ease and in return their life will generally become easy?
“Such is God's commandment which He has revealed to you." (Verse 5)
This is a totally different touch, alerting us to the source of the order.
It is given by God to those who believe in Him. To obey the order is to make the belief and the bond with God a practical reality. Then we have further emphasis on the need to remain always God-fearing, particularly in connection with what people may do in cases of divorce:
“God will pardon the bad deeds of everyone who is God-fearing and will grant him a rich reward" (Verse 5) The first reward is to make things easy for us, and the second is to forgive us our sins and to increase our reward for good deeds. It is a very generous and exciting offer, yet it is made in the form of a general statement and a promise that applies to all. However, it imparts a particular colour to the question of divorce and gives us a reminder of Gods great bounty. Why would anyone, then, make things hard and complicated when God promises such a great reward for making things easy?
Maintenance And Breast-Feeding
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. 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. 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. After hardship, God will grant ease. (Verses 6-7)
These verses state the final provisions concerning the issue of a divorcee staying in her home, which is the home she has shared with her husband, and her maintenance during the waiting period, whatever its length be. Husbands are commanded to provide them with a dwelling of the standard they can afford. They cannot give them an inferior home to their own or to what they can afford. They must not intentionally try to harass them by giving them a sub-standard dwelling place or by ill- treating them. Pregnant women are given special mention with regard to maintenance - which is due by right to every divorced woman - because the extra length of her waiting period may lead some people to think that maintenance is due for only a part of the waiting period, or that it may go further than the waiting period should it be very short. Hence, clarification is needed, requiring the maintenance to be paid until the end of the waiting period.
Breast-feeding of the child is also discussed in detail. It is not made a duty of the mother that gives her no return. As long as she continues to breast-feed the child, which belongs to them both, she is entitled to receive some wages to help her with life’s necessities and to ensure that her milk continues to flow for the benefit of the child. We see how Islamic law takes care of every aspect of the mothers needs. At the same time, both parents are commanded to consult with each other in a fair manner concerning their child, ensuring what is best for it. The child is a trust given to both of them. Their failure to maintain their relation as sound and healthy should not be made to rebound on their child.
Such is the easy approach that God calls on them both to pursue.
Should they take a hardened attitude and be unwilling or unable to agree on the child’s breast-feeding and the compensation due for it, the child’s rights are guaranteed: “ If some of you make things difficult, let another woman suckle the child.19 (Verse 6) The mother must not object to such an arrangement in a way that jeopardizes the child’s right to breast-feeding.
This arrangement is resorted to only because she and the child’s father take a hard attitude and cannot agree on suitable arrangements.
Further details are then given concerning the level of maintenance, which should ensure ease, fairness and cooperation. The man must be fair and the woman must not be unreasonable: “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.” (Verse 7) The person to whom God has given in plenty should be generous in what he gives to his divorced wife in respect of her housing, maintenance and compensation for breast-feeding their child. The one who has limited provisions is not to be blamed for giving according to his means. God does not require anyone to spend above their means. It is He who gives us what we have. No one can have anything other than what God has given him, because there is no other source from which people may take anything. His is the only treasure on which all creatures depend: “God does not burden anyone with more than He has given them” (Verse 7)
A Holistic Approach To Divorce
By this point, the surah has completed its discussion of all rulings concerning divorce and its effect on the family. It has dealt with all consequences, providing a clear provision for each. The split in the family home thus leaves neither ruins nor dust that settles over hearts and souls. No problem is left unsolved. The split family is not left in lingering turmoil.
Thus the surah deals with all thoughts and fears that may occur. The husband is assured that he will not suffer poverty or loss of fortune if he provides his divorcee with a good home and proper maintenance, or gives generous compensation for the breast-feeding of his child. The same fears are removed from the womans mind so that she is not worried about a life of poverty. Likewise, she must not entertain thoughts of receiving an unfair share of her ex-husband s money. Both are assured that a God-fearing approach will see them in ease after hardship, comfort after difficulty and provisions that come from where they do not expect.
What is more is that God will grant such God-fearing people ample reward in the life to come. It is a promise that will see their sins wiped out and their reward multiplied.
The surah also deals with the after-effects of the dispute that has led to the divorce. There may be lingering feelings of resentment, anger and bitterness. All these are cleared with a gentle, comforting touch and replaced with hope in Gods mercy. The surah here taps feelings of fairness and compassion, relying on the God-fearing value it implants in peoples hearts and the desire to win His pleasure.
This holistic approach and its inspiring touches, together with confirmed and repeated assurances, provide the only guarantees to implement these legal provisions Islam puts in place. The only control is that brought about by a sensitive conscience and a God-fearing heart.
Each of the divorcing couple can cause the other no end of heartache and problems if they have nothing to limit their area of manoeuvre other than the limits of the law. Some of the Quranic commandments given in the surah are so flexible as to address all aspects of this whole area. Take, for example, the order: “Do not harass them." (Verse 6) This prohibits all aspects of harassment which no legal provision, however wide in scope, can incorporate. Its implementation is attached to conscience which is profoundly influenced by the approach the surah takes and to the enhanced God-fearing sense it instils in both parties. They realize that God is aware even of their innermost thoughts. His knowledge encompasses all. Besides, they will hope to receive the compensation He grants to His God-fearing servants in both this life and in the life to come, particularly in relation to provisions and livelihood. This message is repeated in different ways in the surah because it has a telling effect in easing the hardship that divorce generates and softens the attitudes of both parties.
When they bear all these rulings and directives in mind, a divorcing couple retain on parting some seeds of their old mutual affection and cordial feeling which may yet send up new shoots. In all these rulings and provisions we see the high moral standard that Islam wants to impart to the life of the Muslim community.
The Fate Of The Disobedient
When the surah has completed all this, it provides the ultimate lesson referring to the fates of those communities that defied God’s commandments and disobeyed His messengers. They neither listened to admonition, nor responded to calls given them by their prophets.
The lessons derived from their fates are thus placed before us, reminding all of the miserable fate that awaits those who do not fear God and who disobey Him. It also reminds people of the grace God bestows on believers, to whom the legislation is addressed:
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. 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 8-11)
This is a long warning incorporating detailed scenes and images.
It is also a profound reminder of Gods grace, represented by faith and the light He grants through it. A further reminder is given of His reward in the life to come, which is the best and most generous of all provisions.
To start with, the punishment God metes out to those who defy His orders and do not respond to His messengers is a law He has set in operation: “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." (Verse 8) The verse mentions more details about the way in which they were brought to account, highlighting its severity and the terrible suffering inflicted on them. This is followed by the final outcome of their actions: “Thus they tasted the outcome of their own conduct. Yet the end of their conduct was ruin.” (Verse 9) The image given of this outcome is delayed to the next verse: “God has prepared a severe punishment for them.” (Verse 10)
All this serves to make the scene longer and provide details of its steps and stages. This is one of the ways the Qur’an employs to enhance the effects of the message it wants to give.
We need to reflect a little on this warning. We realize that God brought different communities to account, one at a time, whenever they defied His commandments and disobeyed His messengers. We note that this warning is given here in the context of outlining the rulings on divorce.
Thus, a link between divorce and this divine law is established. This suggests that the divorce issue is not merely one of couples and families; it is an issue for the entire Muslim community, which is responsible for implementing Gods law. To disobey God in this question, or indeed in other aspects of the divine law, or rather the code of living God has given, is an act of defiance which merits punishment, not only for the individuals who commit such disobedience, but also for the community or the country where such defiance takes place. Such defiance means setting up a life system that differs from what God has legislated. The religion of Islam has been bestowed from on high so that it will be obeyed and implemented in a way that regulates life as a whole. Therefore, defying it, even in the area of an individuals personal affairs, exposes the defiant to what earlier communities suffered of God’s punishment.
The Creator Of All
The surahs concluding note refers to the great universe, thus linking the theme of the surah, its legislation and directives to Gods will, power and knowledge that encompass the entire universe:
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)
We do not know to what the term seven heavens’ really refers, nor are we aware of their sizes and dimensions. Likewise, we do not know what the seven earths are. This earth of ours may be one of them and the others are known to God alone. Yet the term mithluhunn, translated here as ‘likewise’ may not be a reference to number, but to the fact that the earth is made of the same material or qualities as the heavens. Whichever is the case, it is unnecessary to try to apply our own knowledge to Qur’anic statements of this type. Our knowledge does not extend to everything in the universe so as to enable us to learn what exactly the Qur’an refers to. To claim such precise knowledge is possible only when man acquires absolutely certain knowledge of the entire universe. While this is impossible, we can still benefit by the Qur’anic reference to this fact and its psychological effect and its bearing on our understanding of the proper Islamic concept of the universe.
This reference to the creation of the vast universe, “seven heavens and likewise of the earth" is awe inspiring. It presents us with a great image of the Creator’s limitless power, the vastness of His kingdom. When compared to the universe, the entire earth seems a tiny little place. How do we see those living on it, and how do we estimate an event that takes place on it? What value should we give to a little sum of money a man gives his divorced wife in maintenance, or that a woman forgos?
Gods command descends in between, or through, these seven heavens and the earth or the seven earths. A part of His command is the sum of these rulings concerning the subject matter of this surah, i.e. divorce. It is, then, a great issue, even by human standards and our concept of time and place. To defy it is to be in defiance of a command that resounds throughout the heavens and the earths. It is a command that those on high hear of, as do other creatures in the heavens and the earths.
Defying it, then, becomes a ghastly offence that no wise believer would even contemplate, and particularly when Gods messenger has recited to him Gods precise revelations, enlightening him on this matter so as to take him from darkness into light.
This command descends through the heavens and the earth so that it implants in believers’ hearts the belief that God has the power to do what He wills. Nothing is beyond Him. He also knows everything throughout His great kingdom. Nothing escapes His knowledge, not even the best guarded secrets of the heart.
This truth is relevant here in two ways: the first is that these rulings on divorce are given by God who knows everything. He has issued them knowing all their situations, circumstances, interests and abilities. Hence, they are better to be followed with diligence, for they are better suited for human life. Secondly, the implementation of these rulings in particular is left to peoples consciences. Therefore, realizing the extent of God’s knowledge and His awareness of everything, including peoples feelings and intentions, ensures that such consciences remain sensitive in an area where nothing is more important than fearing God Almighty.