List of all ayaats used in this research
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List of all Ayaats used in this research. Sura Baqara Verse 227, 229,230,236,241 Sura Ahzab Verse 28 Sura Talaq Verse 28. (Al-Baqara, Chapter #2, Verse #227). وَإِنْ عَزَمُواْ الطَّلاَقَ فَإِنَّ اللّهَ سَمِيعٌ عَلِيمٌ. Translation:

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List of all ayaats used in this research
List of all Ayaats used in this research

  • Sura Baqara Verse 227, 229,230,236,241

  • Sura Ahzab Verse 28

  • Sura Talaq Verse 28


(Al-Baqara, Chapter #2, Verse #227)

وَإِنْ عَزَمُواْ الطَّلاَقَ فَإِنَّ اللّهَ سَمِيعٌ عَلِيمٌ

Translation:

And if they decide upon DIVORCE, then Allah is All-Hearer, All-Knower. 


Pointers
Pointers

The holy Prophet saw has said all the things allowed in Islam, but divorce is the most hateful act in the view in the view of God and the holy Prophet saw.


(Al-Baqara, Chapter #2, Verse #229)

الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ

Translation:

The DIVORCE is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (DIVORCE) . These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers). 


Pointers1
Pointers

Once they have decided to divorce , the men can just not shunt out of the husbands abode , deprive her of the protection for the prescribed period , nor shall she of her own accord get out of the residence for the prescribed period. This is to allow a further opportunity for any possible reconciliation between the pair and at the same time avoid any complication or confusion.


Al baqara chapter 2 verse 230
(Al- Baqara, Chapter #2 Verse #230)

Translation:

And if he has DIVORCED her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband DIVORCEs her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge. 


Al baqara chapter 2 verse 236
(Al-Baqara, Chapter #2, Verse #236)

لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاء مَا لَمْ تَمَسُّوهُنُّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

Translation:

 There is no sin on you, if you DIVORCE women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good. 


Al baqara chapter 2 verse 241
(Al-Baqara, Chapter #2, Verse #241)

Translation:

And for DIVORCEd women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqun (the pious). 

وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ


Al ahzab chapter 33 verse 28
(Al-Ahzab, Chapter #33, Verse #28)

َا أَيُّهَا النَّبِيُّ قُل لِّأَزْوَاجِكَ إِن كُنتُنَّ تُرِدْنَ الْحَيَاةَ الدُّنْيَا وَزِينَتَهَا فَتَعَالَيْنَ أُمَتِّعْكُنَّ وَأُسَرِّحْكُنَّ سَرَاحًا جَمِيلًا

Translation: 

O Prophet (Muhammad صلى الله عليه وسلم)! Say to your wives: "If you desire the life of this world, and its glitter, then come! I will make a provision for you and set you free in a handsome manner (DIVORCE). 


Pointers2
Pointers

  • Bibi Asiya suffered a lot of injustice at the hands of Phiron. She did not divorce Phiron and instead she withstood his injustice because she had faith that Allah will bless her with a wonderful place in the here after.

  • Since without divorce there would have been difficulties for both the husband and wife to suffer under circumstances when separation between them becomes essential hence advantages to both through divorce has been instituted , but it has been restricted . Thus controlled with strict conditions.


Talaq chapter 65 verse 28
(Talaq, Chapter #65, Verse #28)

فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا

Translation: 

Thus when they fulfill their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out.


Hadith musnad ahmad narrated abu huraira r a
Hadith - Musnad Ahmad, Narrated Abu Huraira, r.a.

The Prophet said, "Those who seek Khula without any reason are hypocrites”

Pointers:

  • Anybody who seeks divorce without reason are hypocrites.

  • Khula means Divorce


Hadith sunan abu dawud narrated thoban ra
Hadith - Sunan Abu Dawud, Narrated Thoban (RA)

The Prophet said: "If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden to her."


Hadith from 6 th imam
Hadith from 6th Imam

The sixth Imam as said:

A divorced wife during iddat period adorns herself as best as she could to get her husband reattracted to her to facilitate a reconciliation before the expiry of the prescribed term of iddat.


More pointers on divorce
More Pointers on Divorce

  • The husband declaring divorce must be sane .

  • The declaration must be when the wife must be free from her monthly cycle or the cause of delivery.

    • The declaration must be before two witnesses ( those who themselves abide by the Islamic laws) . Their practical life not neglecting any of the prescribed duties.

  • The husband has to maintain his divorce wife for the prescribed period . If any reconciliations effected they might get reunited.


More research on divorce
More research on Divorce

  • Iddat - Is a technical term , referring to the prescribed period of waiting.

  • The word iddat after the pronouncement of the divorce is in the common interest of the wife.

  • The iddat period is 3 monthly cycle periods after the divorce takes place , but ayaat 4 refers to as three months , if there is pregnancy it is known.

  • For the wife who is pregnant the iddat is until she delivers.

  • In every step of this sura Men has been warned to fear God i.e be cautious about the duties to him. Inferring a demand for utmost carefulness in the matter affecting the divorce. The allowance of divorce might not be rushed in to haste.


Lessons learnt from this topic
Lessons Learnt from this topic

  • Patience is very important

  • Allah doesn’t forbid us from divorce, but it’s the most hateful thing in the eyes of Allah

  • The Iddat period, provides the benefit of reconciliation.


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