Topic: Divorce

234

Important Words:

الطلاق (divorce) is derived from طلق. They say طلقت الناقة i.e. the she-camel became loosened and free from the rope which tied her. طلقت المرأة من زوجھا means, the woman left her husband and severed her connection with him. طلق المرأة زوجھا means, the husband divorced his wife. الطلاق therefore, means, breaking of the tie of marriage; divorce (Aqrab).

عزموا (they decide). عزم means, he made up his mind; he decided; he was determined to do a thing (Aqrab).

Commentary:

If, after vowing abstinence from his wife, as stated in the preceding verse, the husband decides on divorce, he is free to take that course. But the words, Allah is All-Hearing All-Knowing, warn him that if he is thereby acting unjustly to his wife, he should not think that he can so act with impunity, for Allah is there to hear the supplications of the wife; and even if she does not or cannot pray to God, Allah knows everything.

With this verse begins a discussion of the Islamic law of divorce. According to this law, the husband possesses the right to divorce his wife, when legitimate necessity arises. But this right is to be exercised only on rare occasions and in exceptional circumstances.

235

Important Words:

قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).

ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).

بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).

المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.

درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).

Commentary:

In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.

The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.

The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.

A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء

the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.

236

Important Words:

امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).

تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).

حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).

Commentary:

This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"

After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.

The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.

If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.

237

Important Words:

یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).

یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.

تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.

Commentary:

This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.

238

Important Words:

بلغن (they approach) is from بلغ which means, he reached or came to or attained; or he was near to reaching or attaining (Lane).

اجل (period) is the noun-infinitive from the verb اجل meaning, he or it delayed or fell short. اجل الشیء means, he appointed a time or period for the thing. اجل therefore means, the term or period appointed or specified for a thing; also the end of such period. Death is called اجل because for every life there is an appointed time when it must come to an end (Aqrab Lane).

یعظکم (exhorts you). یعظ is derived from وعظ meaning, he gave him good advice; he exhorted him; he admonished him; he warned him of the consequences of his actions and called him to a life of righteousness (Aqrab).

Commentary:

The verse contains a general injunction about the treatment of divorced women.

As is apparent from the context, the divorce spoken of here refers to the revocable divorce. After such divorce has been pronounced, there are only two courses open to the husband. He may either retain his wife and treat her with kindness or he may part with her in a good and becoming manner. He is not allowed to maltreat her and keep her in a state of suspense. The concluding part of the verse warns the husband against making light of the commandments of Allah relating to the rights of women, adding that, God being All-Knowing, even the hidden intentions and secret machinations of man are known to Him.

239

Important Words:

لاتعضلوھن (prevent them not) is derived from عضل. They say عضلھا i.e. he prevented or debarred her from marrying. The primary signification of عضل is the act of straitening or preventing, or withholding or debarring. عضل means, he straitened him in his affairs and intervened as an obstacle between him and that which he desired (Taj).

تراضوا (agree between themselves) is derived from رضی i.e. he was pleased, or he was satisfied, or he agreed. تراضی القومmeans, the people agreed between themselves, or they came to a mutual agreement (Aqrab).

ازکی (more blessed) is derived from زکا which means, it increased or augmented; it received blessing from God; it was or became pure. ازکی means, more blessed, containing greater benefits, conducive to more good (Aqrab).

Commentary:

The word "husbands" mentioned in this verse may refer either to former husbands or to prospective ones. In the former case, the clause, and when you divorce women, would be taken as referring to the first or second pronouncement of divorce. Sometimes, when a husband desires to take back his wife before pronouncing the third or irrevocable divorce, her offended relatives do not like her to go back to him again and therefore try to prevent her from remarrying him. The verse condemns that practice. In case the word "husbands" stands for prospective husbands, the above phrase would refer to the third or final divorce. Some men, even after the complete dissolution of their marriage, do not like the idea that their divorced wives should marry other persons and try to prevent them from contracting new marriages. This practice is also condemned in the clause, prevent them not from marrying their (prospective) husbands. Should the guardian of a divorced woman prevent her from remarrying her former husband or should the former husband prevent her from marrying a new husband, she can do so with the permission of the Qadi or the judge. The verse under comment also implies a repudiation of the evil practice of pronouncing three divorces at one and the same time, because had it been permissible, the question of divorced women remarrying their former husbands would have been meaningless.

240

Important Words:

یرضعن (give suck) is derived from رضع i.e. he (the babe) sucked. ارضعت means, she (the mother or the wet-nurse) gave suck to the child. استرضع means, he arranged for the suckling of the child; he engaged a wet-nurse for it. The infinitive-noun رضاعة signifies sucking. ھذا اخی من الرضاعة means, he is my foster-brother, both having sucked from the breast of the same woman (Aqrab & Lane).

حولین (two years) is the dual of حول (a year) which is the infinitive-noun from حال meaning, it passed and became complete, or it passed from one state to another, or it turned round. A year is called حول because it is a complete measure of time and turns round and round. حول also means strength and power to do a thing as in the well-known formula لاحول ولاقوة الابالله (Aqrab).

وسعھا (its capacity) is derived from وسع meaning, it was sufficiently capacious. وسعت رحمة الله کل شیء means, God’s mercy extends to, and covers, all things. وسع means capacity or power or strength. The infinitive-noun from it is سعة meaning, breadth; extent, capaciousness; capacity and power. ذوسعة means, a man of means or a man of ample means (Aqrab).

تکلف (is burdened) is derived from کلف. They say کلفه امرا i.e. he imposed on him the task of doing a thing, or he tasked him to do a thing. It also means, he ordered him to do a thing which was difficult or troublesome or inconvenient (Lane).

فصال (weaning the child) is derived from فصل which is both transitive and intransitive, meaning, he separated, he divided, he partitioned; or he got separated, he went forth from. فصلت المرأة رضیعھا means, the woman weaned her child, which is also a sort of separation between the woman and her suckling. ھذایوم الفصل means, this is the day when a decision or a distinction shall be made between the parties, i.e. the doers of good and the doers of evil. فصال means, the weaning of a child from its mother or from the woman who suckles it (Taj).

تشاور (consultation) is derived from شار. They say شارالعسل i.e. he extracted honey from the honey-comb. شارالدابة means, he rode the beast in order to try it and ascertain its worth. اشار besides giving the same meaning as شار, also means, he made a thing known, he pointed to a thing, he gave a word of good counsel to a person. شاوره means, he consulted him, he sought his advice and counsel. تشاور means, mutual consultation. مشورة and شوری give similar meanings, i.e. consultation (Aqrab).

Commentary:

If a woman is divorced while she is pregnant, the question of the suckling of the child and the expense of bringing it up naturally arises. The verse under comment supplies the answer. It points out that the suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of that period, if the father and the mother both agree on that course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.

The expression لاتضار is both in the active and the passive voice; the clause لاتضار والدة بولدھا may therefore mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally good and equitable. The words مولودله (he to whom the child belongs) have been used here in preference to the simpler word والد (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.

The clause, and the same is incumbent on the heir, lays down an important social principle. If a father dies leaving behind a child, it is the duty of his heirs to bring up the child and maintain it until it reaches puberty. This shall not be considered an act of favour on their part, but an act of duty. One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind. He who receives a support from another must be prepared to give the same to him, when he may stand in need of it.

241

Important Words:

یتوفون (who die) is derived from توفی which is derived from وفی (wafa). They say وفی بالعھد i.e. he fulfilled his promise; he was faithful in his word. وفی فلانا حقه (waffa) means, he gave him his right in full. اوفی gives both the meanings ascribed to وفی and وفی(waffa) above. توفی means, he took something in full, as they say توفی حقه i.e. he got or obtained his right in full. توفی الله زیداmeans, God took away the soul of Zaid, leaving the body behind; God caused Zaid to die. توفی فلان means, his soul was taken away, i.e. he died. In this case God is متوفی (mutawaffi) and the man who dies is متوفی (mutawaffa). الوفاة means, death (Aqrab). The Quran says: الله یتوفی الانفس حین موتھاوالتی لم تمت فی منامھا i.e. God takes away the souls of men at the time of their death; and He also takes away the souls of men that have not died, during their sleep (39:43). The Arabic idiom, which has the support of the Quranic usage, definitely shows that wherever God is فاعل (i.e. subject) and a being having a soul is مفعول به(i.e. object) the word توفی invariably means, the taking away of the soul.

Commentary:

After having dealt with the question of the remarriage of divorced women, the Quran in this verse proceeds to issue commandments regarding widows. The عدة i.e. the period of waiting in the case of widows, is four months and ten days which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.

This verse also implies a rebuke to those who are opposed to widow remarriage, thinking it to be an insult to the family and a disgrace to the widowed woman. The words, what is fair, show that it is not only lawful, but preferable and desirable, for a widow to remarry. The words, in anything that they do with regard to themselves, obviously refer to remarriage. Elsewhere the Quran says, And marry your widows (24:33).

243

Important Words:

متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).

المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).

Commentary:

Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.

244

Important Words:

یعفو (should remit) is derived from عفا meaning: (1) he gave more than what was due; or (2) he relinquished his right or remitted it in whole or in part (Taj). See also 2:220.

Commentary:

If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry. The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman also holds it in his hands. In the former case, the word یعفو would mean that the husband should try to give more than half the dowry, or if he has already paid the whole dowry, he should try not to demand its return. If, however, the clause, he in whose hand is the tie of marriage, be considered to apply to the guardian of the divorced woman, the word یعفو would mean that he should try to remit or relinquish her right, i.e. he should, so far as possible, strive to give up, even that which he is entitled to receive on behalf of the divorced woman. But God certainly prefers that the husband should make a greater show of generosity.

This is how each party is exhorted to vie with the other in acting generously toward the other, the husband by paying more than what is obligatory on him, and the wife or her guardian by relinquishing what is due to her. If people truly inculcated such a spirit of sacrifice, the earth would indeed become a heaven.

The expression, And that you should remit is nearer to righteousness, applies to the husband particularly; but it may, in its broader significance, apply to all__husbands, wives and guardians.

248

Commentary:

Just as the preceding verse bestowed an additional favour on widows, the present one bestows an additional favour on divorced women. The injunction is particularly essential in the case of divorced women, because in moments of bitterness, which is the inevitable aftermath of a dissolved marriage, people are liable to be unjust and cruel towards their former wives. The verse warns them not to lose sight of the fear of God on such occasions and to act towards their former spouses not only with justice but with positive benevolence and kindness.

500

Important Words:

بھتان (lying) is the noun-infinitive from بھت. They say بھته i.e. he slandered him or accused him falsely; or he did so in such a manner as to make him confounded at the falsity of the charge. بھتان therefore means, a calumny, slander or false accusation; falsehood by reason of which one is perplexed or confounded and is rendered unable to see his right course; a false accusation of adultery against a woman (Lane & Aqrab).

Commentary:

The verse does not mean that man can divorce his wife at will. Anas, a Companion of the Holy Prophet, relates that once Abu Ayyub and Abu Talha wanted to divorce their wives (without valid reason) and asked the Holy Prophet about it. He counselled them not to do so, characterizing their act as an act of injustice. Thereupon, they abandoned their intention of divorcing their wives and retained them. This does not mean that a husband cannot divorce his wife without obtaining the permission of the authorities; he can do so, if he so desires; but he will certainly be accountable before God if he does so without valid reason. Elsewhere the Holy Prophet is reported to have said, "Surely of the things sanctioned by the Law of Islam the most hateful in the sight of God is divorce" (Dawud, ch. on, Talaq).

If for some special reason a man wishes to divorce one wife and marry another, he is not allowed to take back from the former what he has already given her, no matter however big the sum may be. If he does so, he will be guilty of infidelity and sin.

596

Commentary:

If, in spite of the husband and the wife having done their best to live amicably, they find that they cannot pull on together, and separation takes place, then God promises to provide for both parties out of His beneficence, i.e. they may find other and more suitable matches. How Islam looks upon divorce is vividly portrayed in a well-known hadith of the Holy Prophet, viz. "Of all permissible things divorce is most hateful in the eyes of God" (Dawud, ch. on Talaq).

3110

Commentary:

The words "and send them away in a handsome manner" signify (1) that no reproach or disgrace should be considered to be attached to divorce; (2) that the divorced woman should ordinarily be paid more than her part of the stipulated dower, and (3) that after divorce her freedom to act as she likes with regard to herself should not be interfered with.

4268

Commentary:

This is one of those verses of the Quran in which the address made to the Holy Prophet, is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.

The procedure of divorce given in this Surah is as follows:

The first pronouncement of divorce should be in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘iddah (the period of waiting) which extends over three courses.

The words "it may be that thereafter Allah will bring about something new to pass," signify that the above-mentioned procedure is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.

4269

Commentary:

The two witnesses referred to in the verse are to be called when the wife is about to be divorced, or when and if she is taken back by her husband. See also 2:230-234. "A way out" may mean a way out of the difficult situation in which both the wife and the husband are placed by their apparently irreconcilable differences.