النص المفهرس

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broken, kaffarah will be required and if the oath is completed, the
marriage, even then, will remain valid. (Bayan al-Qur'an)
Verse 228
وَالْمُطَلَّقْتُ يَتَرَّتَّصْنَ بِأَنْفُسِهِنَّ ثَلْقَةَ قُرُوٍَ ،وَلَا يَحِلُّ لَهُنَّ أَنٌ
يَكْتُمْنَ مَا خَلَقَ اللّهُ فِّ ارْحَامِهِنَّ إِنْ كُنَّ يُؤْمِّنَ بِاللهِ وَالْيَوْمِ
الْأُخِرِ﴿ وَبُعُوْلَتُهُنَّ أَحَقُّ ◌ِرَدِ هِنَّ فِىْ ذَلِكَ إِنْ أَرَادُواْ إِصْلَاحَاء
وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعُرُوُفٌِ وَلِلِّجَالِ عَلَيْهِنَّ دَرَجَةُ؟
وَاللهُ عِزٌ حَكِيمٌ )
And the divorced women shall keep themselves waiting
for three periods. And it is not legal for them to conceal
what Allah has created in their wombs, if they do
believe in Allah and in the last day. And their husbands
are best entitled to take them back in the meantime if
they want a settlement. And women have rights similar
to what they owe as recognized, though for men there
is a step above them. And Allah is Mighty, Wise. (Verse
228)
A great verse defining the status of man and woman
This verse contains a rule of Shari'ah concerning the mutual rights
and duties enjoined upon men and women and explains the degree of
their role. Important details of this very rule appear before this verse,
and again, after the verse, through several sections.
The place of women in Islam
At this point, it seems pertinent to explain to some extent the
status given by Islam to women. If understood in its full perspective, it
will certainly lead to the conclusion that a just and moderate social
system would not have required more than this. It may be noted that
this is the crucial place, any deviation or departure from which
becomes a great danger for man's life here and in the Hereafter.
Deliberation would reveal that two things serve as the necessary
basis for the survival and development of this world. These are:
woman and wealth. But, a look at the other side of the coin shows that
this twosome is also a source of disturbance, bloodshed and
tribulation. Further deliberation would easily help one reach the

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conclusion that although these two, given their real place in life, are
instrumental in the progress of this world, yet, as and when, they are
aimlessly moved away from their real place, they are capable of
shaking the world like an earthquake.
The Qur'an has given man a way of life, a system. Both these
human factors have been assigned their correct respective places in a
way that they yield the maximum benefits to the total exclusion of
peacelessness. The proper place of wealth, the sources of its
acquisition and the ways of spending it, as well as, a just system of the
distribution of wealth is a regular field of knowledge. A detailed
discussion of this subject will Insha Allah appear on some other
occasion . My published treatise entitled, 'The Distribution of Wealth'
could serve as an indicator of basics.
Being discussed here, at this point, is woman and her rights and
duties. About this, the verse under reference states: As there are
rights of men over women which must be given, so there are rights of
women over men which must be given. However, the quantum of
difference that must be recognized here is: Men have a 'step' above
women. Almost the same subject has appeared in Surah Al-Nisa' in
this manner:
اَلِّجَالُ قَامُوْنَ عَلَى الْتِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضَبِمَا أَنْفَقُوا
مِنْ أَمْوَالِهِمْ
Men stand care-takers of women, since Allah has made some
of them excel the other, and because they have spent of their
wealth. (4:34)
The status of women in pre-Islamic society
Before Islam, in the age of ignorance (Jahiliyyah), it was common
practice that women were equated with articles of home use. They
would be bought and sold like cattle. She had no right whatsoever in
relation to her marriage. She had to go where she was sent by her
guardians. Far from being entitled to some share in the inheritance
from her relatives, she herself was treated as a piece of inheritance
like any other household item. She was considered as something
owned by men while she owned nothing. And, even that which she
allegedly owned she could not spend without the permission of men.

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However, her husband had all the right in the world to spend that
which belonged to her as and how he elected to do so. She did not even
have the right to question. So much so that some groups from amongst
the European countries which are considered to be among the most
civilized in the world today had reached the limit where they did not
even accept that women were human beings!
Women had no place in religion. They were considered unfit for
worship, and for Paradise. In some synods of Rome, it was decided
after mutual consultations that she was a dirty animal which had no
soul. Usually, it was considered permissible for a father to kill, or
even, bury her daughter alive. In fact, this act was judged to be a mark
of honour and a standard of nobility. There were some who held the
opinion that anybody who killed a woman did not have to pay
blood-money or be charged with retaliatory action. And should the
husband die, the wife too was burnt alive with his dead body.
Following the birth of the noble Prophet and before his
prophethood, in the year 586, France showed its compassion for
women by passing a resolution, of course after great deliberation and
controversy, that woman is after all a human being, but she has been
created for the sole purpose of serving man!
In short, the whole world, and all nations and religions that
inhabited it, had been treating women with callousness that makes
one tremble with fear. For this poor creature, there was no reason, no
justice, anywhere.
Ransomed be our lives for him who came as mercy for the worlds
(), and for the true religion which opened the eyes of the people of
this world, taught man to respect man, made justice and equity the
law, men were made responsible for the rights of women parallel to
their own rights on them. Woman was made free and independent.
She became the owner of her life and property, similar to men. No man
can, even if he be a father or grandfather, force a woman to marry
someone. Should she be given in marriage without her consent, the act
remains dangling on her consent. If she says no, it stands annulled. No
man has any right to spend anything from that which belongs to her,
without her consent and approval. After the death of her husband or
after having been divorced by him, she becomes independent and she

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cannot be compelled by anyone for anything. She gets a share in the
inheritance of her relatives just like men. To spend on her and to keep
her happy has been declared an act of 'ibadah (worship) under the
blessed law of Muhammad, on him be peace and blessing. Should the
husband fail to give the rights due, she could, through an Islamic
court, force him to do so or to divorce her.
Man's guardianship is essential for peace and order
Not giving women their due rights was ranked as injustice,
oppression, stinginess and villainy which was erased by Islam.
Similarly, leaving them to go their way with an unbridled liberty from
the guardianship and care of men, and to make them earn their own
sustenance and life support amounts to wasting her rights and
destroying her genius. Neither does she deserve that fate in view of
her physique nor does that great mission of bringing up children and
the charge of family management, which has been naturally entrusted
to her, deserve it.
In addition to that, women are, when deprived of the guardianship
and care of men, a great danger for the whole human society, a
situation that is bound to create all sorts of disturbances, including
riots and bloodshed, as a matter of daily routine. That is why the noble
Qur'an, while stating the mandatory rights of women, also declared
"155 g412 JG u, that is, men are a step above women which, in still other
words, amounts to saying that men are responsible for them as their
caretakers.
As it was in the first age of ignorance before Islam, all nations of
the world, by keeping women as a household item or a dumb animal,
had fallen prey to this mistake. So it came to pass that, following
Islam's age of decadence, there started a later age of ignorance. Here
the first mistake is being matched by yet another mistake, as a
reaction in the opposite direction, when efforts are being made
continuously to get rid of even this much degree of precedence men
have over women. As a result, obscenity and shamelessness became
common, the world became a home of conflicts and disorder, and
bloodshed became so cheap that the first age of ignorance remained no
match anymore. There is an Arab saying: الجاهل إما مفرط أو مفرط which
means: The ignorant man never stays on moderation. If he decides to
stay from acting excessively, he slides into a behaviour of neglect.

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Surah Al-Baqarah 2 : 228
This is the prevailing attitude in the world of today. There was
that time when they were not even prepared to call or understand
women as a member of the human race. Now they have advanced to
the limit that the 'yoke' of man's guardianship and caretaking of wom-
en, which is perfectly wise and suitable universally for men, and wom-
en, is being thrown away, the ill consequnces of which are becoming
visible everyday. And believe it, unless they bow down before this no-
ble statement of the Qur'an, such disorders will go on increasing day
by day.
Governments today make new laws incessantly to bring peace into
the world. New institutions are established for this purpose. Millions
are spent but the source of disorders goes unnoticed by them. If a
Commission of Inquiry was to be established to determine the causes
of disorder, bloodshed and internecine wars, it is likely that the cause
of more than fifty percent of such crimes will turn out to be woman
and her unbridled freedom. But, in the contemporary world, the
prevailing pursuit of desires has confounded even the best of minds.
No corrective check against the worship of desires is even entertained.
May Allah Almighty enlighten our hearts with the light of faith
and help us act according to the guidance given in His Book and in the
conduct of the Holy Prophet because that is our blessed capital both
in in this world and in the Hereafter.
A Conflict and its Resolution
We find out from this verse that the Qur'an tells the husband and
wife about duties assigned to each, whereby men have been placed
under obligation to give women their rights, in the same manner as
women have been placed under obligation to give men their rights.
This indicates that each party should watch out on the fulfillment of
its respective duties rather than go after demanding rights. And
should they succeed in doing so, the very issue of demanding rights
will cease to exist, because the duties of men are the rights of women
and the duties of women are the rights of men. When duties are taken
care of, rights will be automatically fulfilled. These days the root of all
troubles lies in the attitude of people who are alert to their rights but
negligent of their duties.
As a result, rights are demanded on a war footing as is evident

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from the current confrontation between governments and masses,
husbands and wives and between other authorities and their
challengers. This indicator of the Qur'an has modified the
confrontational aspect of the issue by stressing that everyone should
make all possible effort to fulfil his or her duties and when it comes to
his or her own rights try to overlook any infringements gently, forego
and forgive. If this teaching of the Qur'an could become common
universal practice, homes, families, even countries and governments
will find that most of their conflicts have been resolved for good.
Man's higher position over woman is for discipline only
A universal system in the world, the human nature and the best
interests of women themselves required that men be not only given a
particular sort of controlling and care-taking right over women, but
that it be rather made incumbent on them. This is what has been
stated in the verse ◌ِالرِّجَالُ قَوَّامُونَ عَلَى النَّسَاء :'Men stand care-takers of women.
But, this does not necessarily entail that all men are superior to all
women because being superior in the sight of Allah wholly depends on
belief and good conduct. In Divine dispension, the increase or decrease
in degrees operates in synchronization with the degrees of belief and
conduct. Therefore, in matters relating to the Hereafter, it is not
necessary that men alone should continue to have that step or degree
above women. This too is possible and, as elaborated in Qur'anic
verses and Hadith narrations, this is what would come to pass -- that
some women, through their obedience to and worship of Allah, will
become superior to many men with their degree of precedence rising
higher than many a men.
Although the Holy Qur'an, while describing the injunctions of
Shari'ah, according to its own clear stress, declares that men and
women are absolutely equal and the injunctions where there is some
difference have been expressly explained, but the address is generally
to men and the gender used is masculine. This treatment, however, is
not peculiar to the noble Qur'an. Governments too, use the masculine
gender in their laws fairly commonly, although the law is universally
applicable to men and women both.
One immediate reason for this is the very difference identified in
the verses of the noble Qur'an, that is, for men there is a step above
women.
The second consideration, perhaps implied here as well, may be

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that satr (concealment) is better even when there is a discussion about
masturat (women: the concealed ones). But, when women realized that
the noble Qur'an does not address them directly at various places like
it does address men, the venerated mother of the faithful, Sayyidah
Umm Salmah Li all so, pointed this out to the Holy Prophet and
thereupon the following verse of the Surah Al-Ahzab was revealed:
إِنَّ الْلِمِيْنَ وَالمُسْلِمَتِ وَالْمُؤْمِنِيِّنَ وَالْمُؤْمِنْتِ وَالْفِنِتِيْنَ وَالْقُنِئْتِ
Submitting men and submitting women, believing men and
believing women, obedient men and obedient women ... (This
appears in details in Nasa'i, Musnad Ahmad and Tafsir Ibn Jarir etc.)
where women were clearly and expressly identified along with men
which implies that the status of women is no less than men in
obedience to Allah and in His worship, in being near Him and His
approval, and in the ranks of Paradise.
According to a report in Tafsir Ibn Kathir, some Muslim women
came to the the blessed wives of the Holy Prophet and asked about
the general absence of any mention of Muslim women in the Holy
Qur'an, while it does mention men at several places, and also refers to
the blessed wives of the Holy Prophet from among women.
Thereupon, the verse referred to above was revealed.
To sum up, it can be said that a certain measure of precedence and
authority in regulating the affairs of worldly life is for the good of
women and that wisdom so dictates. Other than that, there is no
difference in the reward and retribution for deeds, good or bad, and in
the degree of merit attained in the Hereafter.
The same subject appears in the noble Qur'an with much more
clarity in the following manner:
مَنْ عَمِلَ صَالِحاً مِّنْ ذَكَرٍ أَوْ أُنْفِى وَهُوَ مُؤْمِنٌ فَلَتُحْبِيَتَّهُ حَيْوَةً طَيَِّةً
And whosoever male or female, does a righteous deed, while
he (or she) is a believer, we shall assuredly get him (or her) to
live a goodly life. (16:97)
After these preliminary remarks let's ponder over the words of the
original verse under discussion. It was said: ◌َوَلَهُنَّ مِثْلُ الَّذِيُ عَلَيْهِّن :"And
women have rights similar to what they owe" that is, their rights are

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Surah Al-Baqarah 2:228
incumbent upon men similarly as the rights of men are incumbent
upon them. Here the rights of women were mentioned before the
rights of men, one reason for which is that man after all, given his
physical power and God-given precedence, manages to wrest his rights
from women anyway. The concern should be for the rights of women
since they cannot habitually wrest their rights by force.
There is yet another hint here which suggests that men should
take the first step to give the rights of women. However, the similarity
and equivalency declared by the use of the word mithl (je. : like,
similar) in the text here could just never mean that the kind of job
men do should also be done by women, or vice versa, because the
distribution of work and respective duties for men and women are
naturally different. In fact, it means that it is obligatory that rights
belonging to both be observed equally and mutually and that the
punishment for any negligence or shortcoming be also equal.
It is worth observing at this point how the noble Qur'an has, in a
sentence so small, miniaturized a whole roster of rights and duties
since all rights women have over men and all rights men have over
women are included under the sense of this verse. (Muhit) Simply by
adding one more word J,'zJjų (bi l'ma'ruf: justly, uprightly, kindly,
courteously, according to the practice approved by the Shari'ah, or
simply - "as recognized", a closer expression used in the accompanying
translation of the verse) the possible occurrence of mutual
controversies was eliminated. It was established that rights should be
given using the ma'ruf method because the meaning of ma'ruf includes
that which is neither prohibited nor impermissible under the dictates
of the Shari'ah nor does it have any element of hardship or excess
under common habit or custom or 'urf. The purport is that observing
the routine of legal provisions is not enough, instead, it will be
examined that, according to 'urf or customarily approved practice, the
other party does not in any case suffer from pain or loss. That which is
judged to be a source of pain and loss, in view of 'urf, will be forbidden
and remain impermissible, for instance, coldness, indifference or such
behaviour or conduct which causes pain. These can hardly be covered
under an article of law but the word bi l'ma'ruf does encompass them.
After that it was said: ◌ٌوَلِلرّجَالِ عَلَيْهِنَّ دَرَجَة :Though for men there is a step

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Surah Al-Baqarah 2 : 229 - 230
above them.' The well-known meaning and sense of this verse is that
despite the rights of the parties being equal, Allah Almighty has
bestowed upon men a certain degree of precedence and authority over
women. That there is great wisdom in doing so has been hinted at by
the use of the words "'3'ü, :"And Allah is Mighty, Wise" towards
the end of the verse. Giving the meaning of this sentence, Sayyidna
'Abdullah ibn 'Abbas رضى الله تعال عنهما has added that Allah Almighty has
given men a degree of precedence as compared to women, therefore
they should act with much more forbearance. Even if women fall short
of giving them their rights, the degree of their precedence is such that
they should bear by it, be patient and do nothing to desist from giving
them their rights. (Qurtubi)
Verses 229 - 230
الطَّلَاقُ مَرَّتِنٌفَ مْسَانٌ بِمَعْرُوُفٍ أَوْتَسْرِيُعَّ بِإِحْسَانٌٍ وَلَا يَحِلُ
لَكُمْ أَنْ تَأْخُذُوْا ◌ِّا أَتَيْتُمْوُهُنَّ شَيْئًا إِلَّ أَنْ يَخَافَآَ اَلَيْقِيُمَا
حُدُوْدَ اللَّهِ فَإِنْ خِفُهُمُ اَلَّيُقِيُمَا حُدُوُدَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا
فِيْمَا افْتَدَتُ بِه ◌ِلُكَ حُدُوُدُ اللّهِ فَلَا تَعْتَدُوُهَا وَمَنُ ◌َيْتَعَدَّ
مُدُوُدَ اللَّهِ فَأُولَئِكَ هُمُ الْظُّلِمُونَ ) فَإِنَّ طَلَّقَهَا فَلَا تَحِلُّ لَهْ
مِنْ بَعُدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ
عَلَيْهِمَا أَنْ يَتَرَاجَعَاَ إِنُ ظَنَّا أَنٌ يُقِيُمَا حُدُوُدَ اللَّهُ وَتِلَكَ حُدُودُ
وفود
اللَّهِ يُبَيِّئُهَا لِقَوْمٍ يَعْلَمُوْنَ 0
Divorce is twice; then either to retain in the recognized
manner or to release in fairness. And it is not lawful for
you to take back anything from what you have given
them, unless both apprehend that they would not be
able to maintain the limits set by Allah. Now, if you
apprehend that they would not maintain the limits set
by Allah, then, there is no sin on them in what she
gives up to secure her release. These are the limits set
by Allah. Therefore, do not exceed them. And
whosoever exceeds limits set by Allah, then, those are
the transgressors.

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Surah Al-Baqarah 2: 229 - 230
Thereafter, if he divorces her, she shall no longer
remain lawful for him unless she marries a man other
than him. Should he too divorce her, then there is no
sin on them in their returning to each other, if they
think they would maintain the limits set by Allah. And
these are the limits set by Allah that He makes clear to
a people who know (Verses 229 - 230).
Commentary
The injunctions governing talaq (divorce) and nikah (marriage)
appear in several verses throughout the Qur'an but the verses
mentioned here consist of cardinal rules of procedure in cases of
divorce. To understand these, it is necessary to know the status of
Nikah in the Shari'ah of Islam.
Marriage, divorce and the rules governing them
One commonly known aspect of Nikah (marriage) is that of a
mutual transaction and contract similar to transactions in buying and
selling and in loans and payments. The second aspect is that of
Sunnah and 'Ibadah. On this, there is a consensus of the whole
ummah that nikah, being far above ordinary transactions and
contracts, has the status of 'Ibadah and Sunnah (the act of
worshipping Allah and following in the footsteps of the Prophet ).
Therefore, in order that nikah be duly solemnized, there are, by the
consensus of the ummah, some peculiar conditions which are not found
in ordinary transactions of buying and selling.
First of all, nikah cannot take place between any man and any
woman. Governing this, there is an absolute law of the Shari'ah under
which several categories of men and women cannot be joined together
in the bond of marriage.
Secondly, for all transactions and contracts, in order that they be
concluded and finalized, witness is no condition. A witness is needed
when parties differ, but nikah is not such a transaction. Here, in order
that it be concluded, the physical presence of witnesses is a
pre-condition. If a man and woman, the two of them mutually agree to
have their marriage solemnized without witnesses, and even if, any
one of the two never differs or retreats, that marriage is, according to
the Shari'ah, still invalid, unless both respond to the proposal and
acceptance before witnesses. However, the Sunnah is that 'nikah' must

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be solemnized with a public announcement. Similarly, there are many
other conditions and rules of decorum that are either necessary or
masnun in marriage.
According to Imam Abu Hanifah, and several other leading Muslim
jurists, the aspect of 'Ibadah (worship) and Sunnah in nikah dominates
over the aspect of transaction and contract. Evidences from the Qur'an
and Sunnah support it.
After this brief familiarity with the real nature of marriage, let us
understand divorce. The outcome of talaq (divorce) is to terminate the
transaction and contract of nikah (marriage). Just as the Shari'ah of
Islam, by giving nikah the status of an act of 'Ibadah, has kept it at a
level higher than common transactions and contracts and has imposed
on it several restrictions, very similarly, the termination of this deal
has not been left free, as in common transactions, where the parties
may terminate the deal as and when they elect to do so, and go on to
make a fresh deal with someone else. It has rather made a pointedly
wise legal framework which has been described in the verses under
reference.
According to the drift of Islamic teachings, the transaction and
contract of nikah should be for the whole life-span. The point of
departure where it has to be broken or terminated should never be
reached because the discontinuation of this deal affects not only the
parties involved but goes on to destroy children, and their children,
and at times, it may even cause whole families and tribes to end up
with disturbed relations, which in turn, badly infects the whole
society. Therefore, the teachings of the Qur'an and Sunnah have taken
all necessary steps to remove impediments that may cause the
breaking of this deal. The focal drive of instructions given in the
Qur'an and Sunnah covering all problems and situations relating to
the married couples is that this relationship should always keep on
becoming stronger and stronger and may just never break. Should
disagreements crop up, instructions were given to first try and
understand each other's point of view and talk it out, and in the event
of failure, ways of restraint, hard advice and warning were identified.
Should the tussle become serious and these elementary steps do not
bring a resolution of crisis, the parties were then expected to set up a

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Surah Al-Baqarab 2:229 - 230
panel for arbitration comprising of the members of their immediate
families who could help patch up the differences. The emphasis on
making members of the family as sole arbitrators in the verse el .
GRÍ 35 C&s ; : 'Then send one arbitrator from his people and one from her
people' is certainly very wise since the tussle, if it escapes the
immediate family circle, will only aggravate the situation and the
parties may draw further apart.
But there are occasions and situations when all efforts for
reconciliation fail and the parties in conflict rather than benefit by the
desired results of the nikah relationship, feel that being married
together is a mutual punishment. Under such conditions, terminating
this husband-wife relationship becomes, in itself, a way-out promising
comfort and peace for the parties. Therefore, the Shari'ah of Islam did
not, as did some other religions, patently confirm that the marriage
relationship must remain unbreakable under all conditions. Going a
step ahead, it has framed a specific law for divorce and the dissolution
of marriage. The right of divorce was given to man alone in whom the
ingredients of thought, end-perception and forbearance were more
pronounced than in a woman. This free choice was not given in the
hands of women so that the disposition of being overtaken by
transitory emotions, which is more pronounced in women as compared
to men, may not become the cause of divorce.
But women too, were not totally deprived of this right lest they are
left with no alternative but to keep groaning under the cruelty of her
husband. She was given the right to take her case to a court presided
by a judge who qualifies as such under the rules of Shari'ah, present
her complaint, prove her case, and get the marriage annulled, or
secure a divorce. Then, as it is, Allah Almighty did entrust man with
the free choice of divorce, but at the very first instance, it was declared
that the use of this choice was very much detested and disapproved in
the sight of Allah. It was permitted only in extreme situations of
compulsion. It appears in Hadith : أبغض الحلال إلى الله الطلاق :Divorce is the
most detested of lawful things with Allah.
The second restriction placed stipulated that this choice should not
be used in extreme anger or fleeting displeasure. It was due to this
wisdom that the pronouncing of divorce was forbidden during the

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Surah Al-Baqarah 2 : 229 - 230
period of menstruation, as well as, during a tuhr (the state of purity)
in which the husband has had sexual intercourse with the wife. The
pronouncing of divorce during menstruation and in a tuhr marked by
intimacy was forbidden on the basis that it would become the
contributing reason to elongate the 'iddah or 'waiting period' of the
woman, which will aggravate her pain and worry. For these two
situations, the noble Qur'an has this to say: Pagar that is, divorce
-- if it has to be given -- should be given at a time when the 'iddah of
the woman does not become longer without any reason. If divorce
became effective during menstruation, that particular menstruation
will not be counted in 'iddah. The count of 'iddah will begin from the
next menstruation. And in a tuhr marked with intimacy, the chances
of pregnancy exist, which would elongate the period of 'iddah, upto the
time of delivery. Another reason for fixing the time of tuhr, mentioned
earlier for the pronouncement of divorce is that it is quite possible that
in the meantime the anger goes away, forgiveness and recompense
follow and the very idea of divorce is withdrawn.
Now under the third restriction, the method adopted in breaking
the marriage- contract and its annulment was not kept identical with
that of the transactions and contracts of common buying and selling
activity which releases the parties concerned of all obligations
instantly once the contract is annulled. The first deal is all over and
everybody gets the option to enter into another contract with some
other party. In fact, in order to sever the marriage-relationship, talaq
has been subjected to three stages. Then it was topped with the
restriction of 'iddah since a lot of residual effects of the
nikah-relationship will remain active until the completion of 'iddah.
Another marriage will not be lawful for the woman. Some restriction
on the man would also continue.
The fourth restriction stipulates if divorce was given once or twice
in clear and unambiguous words, nikah did not break instantly on the
pronouncement of talaq; the marriage relationship continues till the
completion of 'iddah. If the husband revokes the talaq, the previous
nikah will remain valid.
This choice of ruju' (revocation or the act of taking back one's
divorced wife) was restricted to only one or two talaqs, so that some
... ...

577
Surah Al-Baqarah 2 : 229 - 230
cruel husband may not make a practice of giving talaqs, and then take
her back and keep her as some captive. Therefore, came the
injunction: If someone pronounces the third talaq as well, he now has
no choice of ruju' (revocation), that is, he cannot take his wife back. In
fact, even if they wish to remarry after mutual agreement, their being
joined together in marriage a second time is not lawful, except in a
peculiar manner which has been described later on.
The verses under study consist of important injunctions relating to
this system of divorce. Now let us ponder over the words of these
verses. In the beginning of the verse it was first said: Jegbf that is,
'talaq is twice'. Then, in the process of these two talaqs, a certain
flexibility was provided by virtue of which the marriage was not
totally annulled; instead, the man has the choice to return to his wife
and retain her in his marriage. Or, he may elect not to do his ruju'
(revocation) from the earlier pronouncements, allow the 'iddah to be
completed and once the 'iddah is over, the marriage relationship will
فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسُرِيمٌ be terminated. This subject was stated in the words
ou (then either to retain in the recognized manner or to release in
fairness) that is, either, one must revoke divorce and retain his wife in
his marriage, or, allow her 'iddah or the waiting period to be
completed nicely and generously so that she can become free.
The third talaq (pronouncement of divorce) still remains unmen-
tioned while the text takes up another problem in between, which gen-
erally comes up for discussion under such conditions. The problem is
that there are some cruel husbands who neither wish to retain their
wives, nor care about their rights, nor give them divorce. The wife is
placed in a situation of duress while the husband, taking advantage of
her helplessness, demands some money or property from her, or as a
last resort, demands that the mahr (dower) be forgiven, or returned in
lieu of divorce. The Qur'an declares this to be haram (unlawful). It was
said:
وَلَا يَجِلُ لَكُمْ أَنْ تَأْخُذُوْا مَِّا أُتَتْهُمْوُهُنَّ شَيْئًا
that is, it is not halal (lawful) for you that, in return for talaq, you take
back from them money or mahr (dower) or anything else given by you.
However, one exception was made in which forgiveness or return of

578
Surah Al-Baqarah 2 : 229 - 230
mahr (dower) was made permissible. Where the woman feels that she
cannot do justice to the rights of her husband because of difference in
temperaments and the man too, feels the same way, then this becomes
a situation in which it is also permissible that divorce be given or
taken in lieu of the forgiveness or return of mahr (dower).
After dealing with the above problem, the third talaq was
mentioned in this manner ◌ًفَإِنُ طَلَّقَهَا فَلَا تَجِلٌّ لَهْ مِنْ بَعْدُ حَشَى تَنْكِحَ زَوُجًا غَيْرَة that is, if
that person goes on to pronounce the third talaq as well (something
not liked by the Shari'ah), the transaction of nikah shall stand totally
annulled. He has exhausted his choice to revoke his divorce and take
his wife back. And since he transgressed the limits of Shari'ah by
unnecessarily giving the third talaq, he must now have his
punishment whereby it is not possible for them to remarry each other
even if both of them agree to do so. Now, in order that they could
remarry each other, the condition of such nikah is that the woman
(after completing her period of 'iddah following talaq) should enter into
marriage with another man, fulfil matrimonial obligations and live
with this other husband. Thereafter, if by chance that other husband
also divorces her (or dies), she could remarry the first husband after
completing her 'iddah. The last sentence of the verse says:
فَإِنْ طَلَّقَهَا فَلَا ◌ُنَاحَ عَلَيْهِمَا أَنْ ◌َرَاجَعَا
Should he too divorce her, then there is no sin on them in
their returning to each other.
Detailed injunctions regarding three divorces at a time
A close look at the style of the noble Qur'an makes it explicitly
clear that the right method of pronouncing talaq stipulated by the
Shari'ah is that one should, at the most, reach the limit of two talaqs
and it is not appropriate to reach to the extent of a third talaq. After
of words 3 in verse 229, the third talaq is identified in
the words Gal 3G (Then, if he divorces her) wherein the letter 3| (if) is
note-worthy. Here the hint in question is visibly present. Otherwise,
the third talaq could simply be expressed by saying &u gyLl :"The
divorces are three.' Now the text, to the exclusion of expressions to this
effect, has an expression of its own which carries a clear hint that one
should not reach the stage of the third talaq. This is why Imam Malik

579
Surah Al-Baqarah 2 : 229 - 230
and several other jurists did not just permit the third talaq. They call
it talaq al-bid'ah (the innovated talaq: divorce without the authority of
the Qur'an and Sunnah). Some other jurists have ruled that three
talaqs are permissible only on condition that these three talaqs be
pronounced separately in three tuhrs (the state of post-menstrual
purity). In the terminology used by these jurists this too has been
termed as talaq al-sunnah. But none of them are proposing by this
term that giving three talaqs in this manner is desirable, and is
according to the Sunnah. In fact, this was given the name of talaq
al-sunnah as opposed to talaq al-bid'ah for the simple reason that this
form does not amount to bid'ah (an innovation in settled religious
practice).
The gist of that which stands proved regarding the talaq count, on
the authority of the guidance given by the Qur'an and Sunnah, and the
practice of the Companions of the the Holy Prophet & and their
followers is this: When no option, except that of talaq, is left, the best
method of pronouncing talaq is to pronounce one talaq during the state
of tuhr (purity) in which sexual intercourse has not taken place. Then,
let this one talaq stay as such. As soon as the 'iddah finishes, the
nikah relationship will automatically be finished with it. The Muslim
Jurists have called it al-talaq al-ahsan and the respected Companions
of the Holy Prophet > have declared it as the best method of talaq.
Ibn Abi Shaybah has reported from Sayyidna Ibrahim al-Nakhai
that the noble sahabah favoured the method in which, after giving one
talaq, nothing is done thereafter and the 'iddah of talaq -- three
menstruation periods -- are allowed to expire so that the woman would
become free.
From the words of the noble Qur'an mentioned earlier, the
permission to pronounce upto two talaqs can also be deduced, but by
the use of the word ;G= (twice) it has been pointed out that two talaqs
should not be given in one utterance and at one time but should be
given separately in two tuhrs (states of purity). The use of SUML ;yuJi
(Two talaqs are permissible) could also have helped prove the
permission of two talaqs but the word cup suggests that the two talaqs

580
Surah Al-Baqarah 2: 229 - 230
should be given at two separate occasions, that is in two separate
tuhrs (states of purity).50 (Ruh al-Ma'ani)
In short, the limit of two talaqs stands proved from the words of
the Qur'an. Therefore, by consensus of Imams and fuqaha' (Muslim
Jurists), this talaq is included in Sunnah, that is, it is not a bid'ah
(innovation). That the third talaq is undesirable is clearly indicated in
the Qur'anic diction itself. That this is undesirable has not been
questioned by anyone.
As to how detested and reprehensible the third talaq is stands
proved by a hadith of the Holy Prophet . Imam al-Nasa'i reports on
the authority of Mahmud ibn Labid that:
أخبر رسول اللّه صلى اللّه عليه وسلم عن رجل طلق أمرأته ثلاث تطليقات
جميعا فقام غضبانا ، ثم قال: أيلعب بكتاب الله وأنابين أظهركم حتى
قام رجل وقال: يا رسول اللّه ألا أقتله ؟
The noble Prophet was told about a man who had divorced
his wife by pronouncing three talaqs simultaneously. He rose
in anger, then said: 'What is this game being played with Al-
lah's Book while I am present amongst you?' In the meantime,
a man stood up and said: Ya Rasulallah! should I not kill him?
(Nasa'i, Kitab al-Talaq, vol.2, p. 98) 51
Based on this, Imam Malik and some other leading fugaha' (jurists)
have ruled that the third talaq is absolutely impermissible and that it
is talaq al-bid'ah (a divorce based on innovation in religious practice
and not supported by the Qur'an and Sunnah). Other Imams, by
saying that three talaqs given in three tuhrs (states of purity) are
included under sunnah talaq, have though excluded it from the
purview of talaq al-bid'ah, but there is no difference of opinion as to its
being undesirable.
50. The use of the adverb, 'twice' to stand for the Qur'anic word, 'marratan'
in the accompanying translation is to cover this element of sequence
and deferment for, lexically, 'twice' means -- on two occasions or two
times.
51. Hafiz Ibn al-Qaiyyim has ruled that the isnad of this hadith is sahih
according to the conditions prescribed by Muslim (Zad al-Ma'ad).
'Allamah al-Mardini, in his al-Jauhar al-Naqi, calls the sanad of this
hadith -- sahih, Ibn Kathir terms the isnad as excellent and Ibn Hajar
finds this 'narrated by the reliable'.

581
Surah Al-Baqarah 2 : 229 - 230
To summarize, it can be said that the three stages of talaq (divorce)
established by the Shari'ah of Islam in the form of three talaqs, do
never mean that crossing these three stages are necessary or better.
Instead, the intent of the Shari'ah is that the very initial step towards
divorce is a detestable and reprehensible act. If such a step has to be
taken under dire compulsion, it is only proper that its lowest possible
stage, that is, one (pronouncement of) talaq be considered sufficient,
allowing 'iddah (the waiting period) to take its course. Once the 'iddah
is over, this very one talaq will become sufficient to sever the
husband-wife relationship and the woman shall become free to marry
another person. This method of talaq is called ahsan, that is, the best.
In this method there is wisdom, and an element of advantage as well,
since the option of reconciliation will remain open for the parties
concerned in the event only one talaq has been given in clear words to
that effect. Only taking the talaq back before the expiry of 'iddah will
be sufficient to sustain the nikah. And after the 'iddah has expired, the
nikah will, no doubt, be broken and the woman set free, but there still
will remain room for reconciliation between them, and should they
reconcile and wish to remarry each other, the fresh nikah could be
solemnized immediately.
But, should a person who does not stick with this method of ahsan
talaq and goes on to pronounce one more talaq in clear and unambigu-
ous words during the period of 'iddah, he then, completes two stages of
the severance of nikah, which was unnecessary, and certainly not ap-
proved by the Shari'ah. However, two stages stand completed anyway.
But the position, inspite of the completion of these two stages, stays
where it was, that is, the choice of raj'ah (revocation) or return (to
one's wife) during the period of 'iddah remains open and a fresh nikah
could be made by the mutual agreement of the parties concerned after
the expiry of the period of 'iddah. The only difference is that the hus-
band has, by reaching the count of two talaqs, broken one more chain
of his choices and arrived at the borderline from where the pronounce-
ment of just one more talaq by him would end the matter for ever.
For one who has gone through these two stages of talaq, the
instruction given later is : ◌ٍفَإمساكٌ بِمَعُرُوفٍ أَوْ تَسْرِيحٌ بِاحْسَان :"Then either to retain
in the recognized manner or to release in fairness.' Here two

582
Surah Al-Baqarah 2 : 229 - 230
injunctions have been communicated through the words 92.
Firstly, revocation during 'iddah does not require fresh nikah; instead,
only imsak, that is, retaining one's wife by revoking the talaq is
sufficient. If this was done, the marriage relationship will stand
reinstated on the very basis of the previous nikah.
Secondly, through this, the husband was instructed to take steps to
effect his raj'ah (revocation) only if he intends to correct the situation
and looks forward to living in peace and harmony; if not, he should
pass this option so that the marriage relationship ends following the
completion of 'iddah. The concern here is that raj'ah (revocation) may
not be done just to harass the woman without any intention of
correcting the situation.
To match this, it was said: 302. 2231. The word, Tasrih means to
untie, to free, to release. Through this, it was pointed out that in order
to sever relations, no additional talaq, or for that mater, no other
action is necessary. That the 'iddah (waiting period) expires without
revocation is, in itself, sufficient to end the marriage relationship.
Abu Dawud reports on the authority of Abu Razin al-Asadi that,
following the revelation of this verse, a man asked the Holy Prophet
:'Allah Almighty has said: الطلاق مرّتْن (Divorce is twice). Why the third
talaq was not mentioned here?' He said: 'The expression 34'22 (To
release in fairness) which follows immediately, is the third talaq.' (Ruh
al-Ma'ani). It means, according to the consensus of 'ulama', that the act of
the total severance of marriage relationship which would come out of
the third talaq, would be taken care of by this mode of action, that is,
by not revoking the divorce during the period of 'iddah. Now, just as,
by placing the restrictive condition of ","{ (in recognized manner)
along with Juh (retaining), the instruction was given that the wife, if
retained after the revocation of talaq pronouncement (raj'ah), should
be retained in good grace. Very similarly, by placing the restrictive
condition of بإحْسَان (in fairness) along with تَسْرِيع (release), the instruction
was given that talaq is the dissolution of transaction and gentlemen go
through their transactions and contracts in good taste and manners
and in the event dissolution of contract becomes necessary, that too,
should not be done with anger or altercation, instead, that should be
done with charity, kindness and grace, for instance, while saying
goodbye to the divorced wife, let her depart with some presents, such
as clothing and its likes. This is mentioned in the Qur'an:

583
Surah Al-Baqarah 2 : 229 - 230
وَمَتِّعُوُهُنَّ عَلَى الْمُوُسِعِ قَدَرُهْ وَ عَلَى الْمُفْتِرِ قَدَرُهُ
So, give them benefit -- the rich man according to his means
and the poor one according to his means. (2:236)
And, if he, in spite of this, elects not to do so, rather, going a step
farther, pronounces the third talaq as well, he now has reached a dead
end where he has, quite unreasonably and unnecessarily, done away
with all his options, ignoring in that process, graces allowed by the
Shari'ah. The punishment he now deserves is that raj'ah (revocation)
will not be possible, and without the wife marrying someone else, the
couple's being re-united in marriage will also be not possible.
Three divorces given unlawfully are effective
The immediate, rational and conventional answer to this question
is that the nature of an act in being a crime and a sin does not stop it
from taking effect anywhere. Killing unjustly is a crime and a sin. But
one who is shot with a bullet, or struck with a sword, gets killed after
all. His death does not wait to discover if the bullet was fired legally or
illegally. Stealing is a crime and a sin by the consensus of all religions,
but that which has been stolen as such leaves the possession of the
owner anyway. Similarly, all sins and crimes are hemmed in by the
same situation -- that their being sin and crime does not stop them
from taking effect.
In accordance with the dictates of this principle, the false steps
taken, such as, the ignoring of concessions given by the Shari'ah and
shooting upto three talaqs unnecessarily, bypassing all choices of talaq
one has, no doubt, became a cause of anger for the Holy Prophet & as
stated in the previous report, and for this reason, this act was
considered 'undesirable' by the consensus of the ummah, and
'impermissible' by some; but, if inspite of all this, someone has taken
such a step, it should bring forth the same effect as would be that of a
permissible talaq, that is, three talaqs become effective and not only
the choice of raj'ah (revocation) but also the very choice of fresh nikah
stands negated.
And the decision of the Holy Prophet is a testimony that he, in
spite of his showing anger against giving three divorces, enforced the
three talaqs, several incidents relating to which appear in books of
ahadith. The 'ulama' who have written regular books on this subject