Indexed OCR Text

481
Surah At-Taghabun: 64 : 1 - 10
and yet one face does not look exactly like the other one so that
distinguishing one from the other would be difficult. The present verse
mentions figure-making as one of the Divine blessings and immediately
thereafter it goes on to say ◌ْفَاحُسَنَ صُوَرَكُم (and made your figures good). In
the entire universe, Allah made the human shape the most beautiful. No
matter how ugly a man or an individual might seem in his community, he
is still beautiful in his own right, relative to the shapes of all other
non-human creatures.
but they said, "Shall some mortals give us ... ) فَقَالُوا أَبَشَرٌ يَّهُدُوْتَنَا
guidance?" ... 64:6) Though the word bashar [mortal(s)] is singular, but in
meaning it is plural. Therefore, the verb wjud 'give us guidance' is plural.
All unbelievers held the notion that prophets and messengers cannot be
human beings. The Qur'an has time and again falsified and refuted this
notion of the unbelievers. Alas, there is also a group of Muslims who
denies the mortality of the Allah's Messenger. They need to think in
which direction they are moving. His mortality is not contradictory to his
prophet-hood, nor is it incompatible with his high station of
messenger-ship, nor is his being a Messenger inconsistent with his being
a Nur (light). He is Nur (light) as well as a mortal. It is a false analogy to
compare his light with that of a lamp or of the sun or the moon.
,So, believe in Allah and His Messenger) فَامِنُوا بِاللَّهِ وَرَسُوْلِهِ وَالنُّورِ الَّذِىِّ أَنْزَلْنَا
and in the light We have sent down ... 64:8) The word Nur [light] in this
context refers to the Qur'an. 'Light' fulfils two functions: In the first place
it is itself luminous and in the second place it makes other things
luminous and bright. The Qur'an, on account of its miraculous nature, is
itself luminous, and it illuminates what pleases or displeases Allah, the
sacred laws, injunctions and commands, and the realities of the Hereafter,
which human beings ought to know.
The Reason Why the Day of Gathering is called the Day of Loss
and Gain
Be mindful of] the day when He will]) يَوْمَ يَجْمَعُكُمُ لِيَوْمِ الْجَمْعِ ذلِكَ يَوُمُ التَّغَابُنِ
gather you for the Day of Gathering. That will be the Day of loss and
gain ... 64:9) 'The Day of Gathering' and 'The Day of Loss and Gain' are
both the names of the Day of Judgement. The reason why that day is
called 'The Day of Gathering' is quite obvious. On that day all creations,
the earlier generations as well as the later generations, will be brought

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together to give account of their deeds and for reward and punishment.
The reason for calling the day as 'The Day of Loss and Gain' is because
the word taghabun is derived from ghabn which means 'loss'. Financial
loss as well as mental deficiency is referred to as ghabn. Imam Raghib
Ișfahani in his Mufrada-ul-Qur'an says that when the word refers to
financial loss, it is expressed in the passive voice thus ghubina fulanun
'so-and-so suffered financial loss' When one wants to say that 'he was or
became deficient in his opinion or judgement', one would express it thus
ghabina from the triliteral verb form, the second radical being vowelled
with kasrah [-i-] on the measure of sami'a. The word taghabun is a
two-way process and signifies 'mutuality of actions', where two parties
mutually cause loss to each other, or they make manifest each other's loss.
In the context of this verse, however, it is one-sided or one-way process of
making manifest of non-believer's loss. The latter sense is also its
recognized use. "The Day of Loss and Gain' is so called because, according
to authentic Traditions, Allah has created two abodes for everyone in the
Hereafter_one in Hell and another in Paradise. Before admitting the
righteous believers to Paradise, they will be shown the abode in Hell,
which they would have received if they failed to believe and act
righteously, so that they may appreciate their abode in Paradise more
highly and thank Allah more profoundly. On the other hand, the
non-believers will be shown their abode in Paradise, which they would
have received had they believed and acted righteously, so that they may
regret more bitterly and be more remorseful. These narratives also tell us
that the abodes in Paradise that were prepared for the non-believers will
be given to the believers in Paradise, and the abodes in Hell that were
prepared for the believers will be given to the non-believers in Hell. These
Traditions are elaborately recorded in the two Sahihs and other collections
of Traditions. When the inmates of Paradise will attain the places
originally prepared for the disbelievers, the latter will realize what they
have lost and what they have gained.
Şahin Muslim, Tirmidhi and others record on the authority of
Sayyidna Abu Hurairah
that the Messenger of Allah
asked the
noble Companions: "Do you know who is a pauper?" They replied: "One
who has no possessions." The Messenger
É said that a pauper in my
community is one who will come on the Day of Judgement with a heap of

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Surah At-Taghabun: 64 : 1 - 10
righteous deeds, such as prayers, fasting, alms-giving and so on, but he
might have reviled someone in the world, or he might have slandered
another person, or he might have killed or murdered some other person,
and he might have taken away someone's property unlawfully. All these
people will gather around him and demand their rights. One will take
away his prayers, another will snatch away his fasts, someone will take
away his alms and a third person will carry away his other good deeds.
When all his good deeds would be exhausted, the sins of the oppressed
will be loaded on the oppressor, and in this way the score will be settled.
Consequently, he will be pushed into the Fire of Hell. [Mazhari].
It is recorded in the Sahih of Bukhari that the Holy Prophet
has
said, "Whoever has an obligation towards someone should discharge it or
ask his obligor to forgive it here in this world. Otherwise, he will have no
dirhams or dinars (money) there in the Hereafter to set off his liabilities.
The obligors will be given the good deeds of the debtor in lieu of their
unfulfilled rights. When his good deeds will be exhausted, the sins of the
oppressed will be added to the account of the oppressor."
Sayyidna Ibn 'Abbas
e and other leading authorities on Tafsir have
given the foregoing reason for naming the Day of Judgement as "The Day
of Loss and Gain'. Other authorities express the view that the grief of loss
will not only be felt by the miserable non-believers, but also by the
righteous believers. The latter will feel a sense of loss in that they will
bitterly regret that they wasted much of their time in life and failed to
carry out more good deeds, so as to attain more blessings and favours in
Paradise, as is stated in a Prophetic Tradition.
مَنْ جَلَسَ مَجْلِسًا لَّمُ يَذْكُرِ اللّهَ فِيْهِ كَانَ عَلَيْهِ تِرَةً يَوْمَ الْقِيَامَةِ
(He who sits in an assembly and does not remember Allah in
the entire session, this assembly will be a source of bitter regret
for him.)
Qurtubi writes that on that Day every believer will feel a sense of loss
on account of shortcomings in the fulfillment of his duties and obligations
in life. Naming the Judgement Day as the 'Day of Loss and Gain' is like
its being named as 'The Day of (Bitter) Regret' in Surah Maryam, thus
And warn them of the Day of (Bitter) Regret' وَاَنْذِرُهُمُ يَوُمَ الْحَسُرَةِ إِذْ قُضِىَ الْأَمُرُ
when the affair will be resolved ... 19:39) Ruh-ul-Ma'ani interprets this

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Surah At-Taghabun: 64 : 11 - 18
verse as implying that on that day the unjust and unrighteous people will
bitterly regret their shortcomings, and the righteous believers will regret
their shortcomings in the performance of their righteous deeds. In this
way, everyone on the Day of Judgement will regret and have a feeling of
loss at his shortcomings. Therefore, this day is named as the 'Day of Loss
and Gain'.
Verses 11 - 18
مَآ أَصَابَ مِنْ مُّصِيَّةٍ إِلَّا بِذْنِ اللّهِ ، وَمَنْ يُؤُمِنُ بِاللّهِ يَهْدِ قَلْبَةُ "
وَاللهُ بِكُلِّ شَىْءٍ عَلِيمٌ ﴿١١﴾ وَأَطِيعُوا اللَّهَ وَاَطِيعُوا الرَّسُوْلَ ، فَإِنْ
تَوَلَّيْتُمْ فَإِنَّمَا عَلَى رَسُوْلِنَا الْبَلْغُ الْمُبِيْنُ ﴿١٢﴾ اَللَّهُ لَّا إِلَهَ إِلَّ هُوَ+
وَعَلَى اللّهِ فَلْيَتَوَكَّلِ الْمُؤْمِنُونَ ﴿١٣﴾ ◌َأَيُّهَا الَّذِيْنَ امَنُوْا إِنَّ مِنْ
أَزْوَاجِكُمْ وَ أَوْلَادِكُمْ عَدُوًّا لَّكُمْ فَاحْذَرُوُهُمْ ، وَإِنُ تَعْفُوْا
وَتَصْفَحُوا وَتَغْفِرُوا فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ ﴿١٤﴾ إِنَّمَا أَمْوَالُكُمْ
وَأَوْلاَدُكُمْ فِتْنَةٌ وَاللَّهُ عِنْدَهْ أَجْرٌ عَظِيمٌ ﴿١٥﴾ فَاتَّقُوا اللهَ مَاسْتَطَعْتُمُ
وَاسْمَعُوا وَاَطِيْعُوْا وَانْفِقُوا خَيْرًا لِّأَنْفُسِكُمُ ، وَمَنْ يُّوْقَ شُحَّ نَفْسِهِ
فَأُولَئِكَ هُمُ الْمُفْلِحُوْنَ ﴿١٦﴾ إِنْ تُقْرِضُوا اللهَ قَرْضًا حَسَنًا يُضْعِفُهُ
لَكُمْ وَيَغْفِرْلَكُمُ ، وَاللَّهُ شَكُوُرٌ حَلِيمٌ ﴿١٧﴾ عِلِمُ الْغَيْبِ وَالشِّهَادَةِ
الْعَزِيزُ الْحَكِيُمُ ﴿١٨﴾
And no calamity befalls (one), but with the leave of
Allah. And whoever believes in Allah, He guides his
heart. And Allah is All-Knowing about every thing. [11]
And obey Allah, and obey the Messenger. But if you
turn away, then Our Messenger has only to convey the
message clearly. [12] Allah is such that there is no god
but He. And in Allah alone the believers must place
their trust. [13] O those who believe, among your wives
and your children there are some enemies for you, so
beware of them. And if you forgive and overlook and
pardon, then Allah is Most-Forgiving, Very-Merciful. [14]

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Surah At-Taghabun: 64 : 11 - 18
Your riches and your children are but a trial. As for
Allah, with Him is a great reward. [15] So, observe
taqwa (total obedience to Allah in awe of Him) as far as
you can, and listen and obey, and spend (in Allah's
way), it being good for you. And those who are saved
from the greed of their souls are the successful. [16] If
you advance a good loan to Allah, He will multiply it for
you, and will forgive you. And Allah is Appreciative,
Forbearing, [17] the Knower of the unseen and the seen,
the All-Mighty, the All-Wise. [18]
Commentary
And no calamity befalls) مَآ أَصَابَ مِنْ مُّصِيْبَةٍ إِلَّا بِذْنِ اللَّهِ ﴿ وَمَنْ يُّؤْمِنُ بِاللّهِ يَهْدِ قَلْبَهُ
[one], but with the leave of Allah. And whoever believes in Allah, He
guides his heart ... 64:11) In other words, it is a reality that not even a
particle can move without the Divine will. Without the will of Allah no
one can harm or benefit anyone. If a person does not believe in Allah and
the Divine destination, he would not have any means of comforting
himself when a calamity befalls him. He receives it with despair, and
gropes for means of alleviating it. A believer, on the other hand, who
reposes his faith in Divine will and destination is guided by Allah, and his
heart is filled with peace and tranquility. Allah will guide his heart to
certainty of faith. Therefore, he will know with certainty that whatever
difficulty afflicts him could never have missed him, and whatever
adversity has missed him could never have afflicted him. As a result of
this belief, he is promised a reward in the Hereafter, which he keeps in
view all the time. This strong belief in the promise of a reward in the
Hereafter alleviates the worst calamity of this world.
,O those who believe) يَأَيُّهَا الَّذِيْنَ امَنُؤْا إِنَّ مِنْ أَزْوَاجِكُمْ وَ أَوْلَادِكُمُ عَدُوًّا لَّكُمُ فَاحْذَرُؤُهُمْ
among your wives and your children there are some enemies for you, so
beware of them ... 64:14) Tirmidhi, Hakim and others have recorded, with
authentic chain of transmitters, on the authority of Sayyidna Ibn 'Abbas
, that this verse was revealed regarding those Muslims who embraced
Islam in Makkah after the migration of the Holy Prophet
to Madinah.
They intended to migrate to Madinah and join the Holy Prophet
3, but
their wives and children refused to allow them. [Ruh] This was the time
when it was compulsory for every Muslim to migrate from Makkah.
Therefore, the wives and children who stood in way of loyalty and
obedience to Divine laws are referred to as their enemies, and it was

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Surah At-Taghabun: 64 : 11 - 18
emphasized that they should beware of them, because none can be
greater enemy than one who involves a person in the eternal punishment
and everlasting Fire of Hell. 'Ata' Ibn Rabah reports that this verse was
revealed in connection with 'Auf Ibn Malik Ashjai
e. He was in
Madinah. Whenever the occasion arose to go to war or jihad and he
would intend to participate in the jihad, his wife and children would
complain: "In whose care are you leaving us?" He would be influenced by
their complaint and change his mind. [Ruh and Ibn Kathir]
These two narratives are not in conflict with each other. Both
narratives, in their own right, can be the cause of revelation, because wife
and children that stand in the way of obeying Allah's laws, whether
migration or Jihad, they become the enemies of Allah.
And if you forgive and overlook and) وَإِنْ تَعُفُوا وَتَصُفَحُوا وَتَغْفِرُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
pardon, then Allah is Most-Forgiving, Very-Merciful ... 64:14) The Muslims
who were warned by the previous verse that their wives and children
were their enemies, decided that they would treat their family members
harshly. On that occasion, this part of the verse was revealed. The verse
purports to say that 'although your wives and children behaved like
enemies and stood in your way to perform your duty towards Allah, do
not treat them harshly and mercilessly, but rather treat them politely and
leniently. This is better for you because Allah loves forgiving and showing
mercy.'
Ruling
Scholars have deduced from the above verse that if the family
members do anything in violation of the sacred laws, it is not appropriate
to be disappointed with them totally, or to be hostile towards them, or to
hate or curse them. [Ruh]
Wealth and Children are a Trial
Your riches and your children are but a) إِنَّمَآ أَمْوَالُكُمُ وَأَوْلَادُكُمْ فِتْنَةٌ
trial ... 64:15) The word fitnah means 'test or trial'. The purport of the verse
is to say that Allah tests man by means of his wealth and children as to
whether he is so much engrossed in the love of wealth and children as to
become heedless of Divine laws and injunctions, or he maintains his love
for them within limits and remains heedful of his duties and obligations
towards Allah.

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Surah At-Taghabun: 64 : 11 - 18
The truth of the matter is that the love of wealth and children is a
great trial for man. He mostly commits sins for their love, especially when
he indulges in earning livelihood through unlawful means. According to a
hadith, some people will be brought on the Day of Judgment, and the
people will look at him and say اكَلَ عَيَالُه؛ حَسَنَاتِه (His family ate up his good
deeds.) [Ruh]. In another narration, the Holy Prophet
referring to the
children, said: " (They are the cause of one's miserliness and
cowardice.) It means that on account of their love, man fails to spend in
Allah's way, and on account of their love he fails to participate in Jihad.
Some righteous elders have said, الْعَيَالِ سُوُسُ الطَّاعَات (Family is the weevil of
obedience". A weevil is a small beetle that feeds on grain and seeds and
destroys crops. Likewise, a family feeds on man's good deeds and destroys
them.
So, observe taqwa [total obedience to Allah in awe of) فَاتَّقُوا اللّهَ مَا اسْتَطَعْتُمُ
Him] as far as you can ... 64:16) When the verse اتَّقُوا اللّهَ حَقَّ تُقَاتِه ( ... Observe
taqwa as is His due ... 3:102] was revealed, the blessed Companions felt it
very difficult, because it was impossible for anyone to observe taqwa of
Allah 'as is due to Him'. On that occasion, the present verse was revealed
which clarified that no imposition is made on man more than he can bear.
Taqwa too must be observed as far as it is possible for man to observe. If a
person tries to obey Allah totally in awe of Him, that will be sufficient in
fulfilling Allah's due. [Ruh - condensed]
Alhamdulillah
The Commentary on
Surah At-Taghabun
Ends here

488
Surah Aț-Talaq: 65 : 1 - 7
Surah At-Talaq
(The Divorce)
This Surah is Madani, and it has 12 verses and 2 sections
بسم الله الرحمن الرحيم
With the name of Allah, the All-Merciful, the Very-Merciful
Verses 1 - 7
فَيُّهَا النَّبِىُّ إِذَا طَلَّقُتُمُ النِّسَآءَ فَطَلِّقُوُهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ
وَاتّقُوا اللهَ رَبَّكُمْ لَاتُخْرِجُوُهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجُنَ إِلَّا أَنْ
يَّأْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍ * وَتِلْكَ حُدُوْدُ اللّهِ ، وَمَنْ يَتَعَدَّ حُدُوْدَ اللهِ
فَقَدُ ظَلَمَ نَفْسَه« لَا تَدْرِىُ لَعَلَّ اللهَ يُحْدِثُ بَعُدَ ذلِكَ أَمْرًّا ﴿١﴾
فَإِذَا بَلَغْنَ اَجَلَهُنَّ فَأَمْسِكُوُهُنَّ بِمَعْرُوُفٍ أَوْفَارِقُوْهُنَّ بِمَعْرُوُفٍ
وَأَشْهِدُوا ذَوَىُ عَدْلٍ مِّنْكُمْ وَأَقِيْمُوا الشَّهَادَةً لِلهِ ذلِكُمْ يُوْعَظُ بِهُ
مَنْ كَانَ يُؤْمِنُ بِاللهِ وَالْيَوْمِ الْآخِرِةُ وَمَنْ يَنَّقِ اللهَ يَجْعَلُ لَّهُ مَخُرَجًا
﴿ٌ﴾ُ وَيَرْزُقُهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ، وَمَنْ يَتَوَّلُ عَلَى اللّهِ فَهُوَ
حَسْبُهُ إِنَّ اللهَ بَالِغُ أَمْرِهِ * قَدْ جَعَلَ اللهُ لِكُلِّ شَىْءٍ قَدْرًا ﴿٢﴾
وَالْفِىُ يَحِسُنَ مِنَ الْمَحِيُضِ مِنْ نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَهُ
أَشْهُرٍ وَّالْفِى لَمْ يَحِضُنَ ، وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَّضَعْنَ
حَمْلَهُنَّ ، وَمَنْ يَّتَّقِ اللهَ يَجْعَلُ لَّهُ مِنْ أَمْرِهِ يُسْرًا ﴿٤﴾ ذلِكَ أَمْرُ اللهِ
أَنْزَلَهُ إِلَيْكُمُ ، وَمَنْ يَّتَّقِ اللهَ يُكَفِّرُ عَنْهُ سَيِّاتِهِ وَيُعْظِمُ لَهْ آَجْرًّا ﴿٥﴾

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Surah At-Talaq: 65 : 1 - 7
اَسُكِنُوُهُنَّ مِنْ حَيْثُ سَكَنْتُمُ مِّنُ وُجُدِكُمْ وَلَاتُضَارُّوُهُنَّ لِتُضَيّقُوا
عَلَيْهِنَّ ، وَإِنْ كُنَّ أُولَاتِ حَمْلٍ فَانْفِقُوا عَلَيْهِنَّ حَتّى يَضَعُنَ
حَمْلَهُنَّ فَإِنْ أَرْضَعْنَ لَكُمُ فَأْتُوُهُنَّ أُجُوُرَهُنَّ، وَأَتَمِرُوا بَيْنَكُمُ
بِمَعُرُوُفٍ ، وَإِنْ تَعَاسَرْتُمُ فَسَتُرُضِعُ لَه، أُخْرِى ﴿٢﴾ لِيُنْفِقُ ذُوُسَعَةٍ
مِّنُ سَعَتِهٍ ﴿ وَمَنُ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنُفِقُ مِمَّ اتنَهُ اللَّهُ لَا يُكَلِّفُ
اللَّهُ نَفْسًا إِلَّ مَآَ اتنهَا * سَيَجْعَلُ اللهُ بَعْدَ عُسْرٍ يُّسْرًا ﴿٤﴾
O prophet, when you people divorce women, divorce
them at a time when the period of "iddah may start.1
And count the period of "iddah, and fear Allah, your
Lord. Do not expel them from their houses, nor should
they go out, unless they come up with a clearly
shameless act. And these are the limits prescribed by
Allah. And whoever exceeds the limits prescribed by
Allah wrongs his own self. You do not know (what will
happen in future); it may be that Allah brings about a
new situation thereafter. [1] So, when they (the divorced
women) have (almost) reached their term, then either
retain them with fairness, or part with them with
fairness. And make two just men from among you
witnesses (of your either decision). And (O witnesses,)
keep your testimony upright for the sake of Allah. That
is what anyone who believes in Allah and the Last Day
is exhorted to do. And whoever fears Allah, for him
Allah brings forth a way out, [2] and gives him
provision (of his needs) from where he does not even
imagine. And whoever places his trust in Allah, He is
sufficient for him. Surely Allah is to accomplish His
purpose. Allah has set a measure for every thing. [3]
And those women from among you who have despaired
of (further) menstruation, if you are in doubt, their
"iddah is three months, as well as of those who have
(1) "iddah means the waiting period prescribed for a divorced woman before she can
marry another man. In the case of a divorcee, it is three periods of menstruation.
The verse indicates that divorce should be given during tuhr (when the woman is
not in her menstruation period), so that "iddah may start from her immediate
menstruation period. Conversely, if she is divorced during menses, "iddah will
start from the next menses period, and she will have to wait for long time before
her"iddah may start. (Muhammad Taqi Usmani)

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not yet menstruated. As for those having pregnancy,
their term (of "iddah ) is that they give birth to their
child. And whoever fears Allah, He brings about ease
for him in his affair. [4] This is the command of Allah
that He has sent down to you. And whoever fears Allah,
He will write off his evil deeds, and will give him a huge
reward. [5] Provide them (the divorced women)
residence from where you reside according to your
means, and do not hurt them to straiten (life) for them.
And if they are pregnant, spend on them till they give
birth to their child. Then if they suckle the child for
you, give them their fees, and consult each other (for
determining the fee) with fairness, and if you have a
deadlock between you, then another woman will suckle
him. [6] A man of vast means should spend according to
his vast means. And anyone whose sustenance is
limited should spend from whatever Allah has given to
him. Allah makes no one liable beyond what He has
given to him. Allah will soon bring ease after a
difficulty. [7]
Commentary
The Status of Marriage and Divorce in Shari'ah: The Wise Legal
Framework
In Ma'ariful Qur'an, Volume [1], p 573, in Surah Al-Baqarah, full
details of the subject under similar heading are given. The gist of the
matter is that marriage and divorce in any given religion is not like a
mutual transaction or contract similar to transactions in buying and
selling or in loans and repayments, which the contracting parties may
conclude as they wish. In all ages there has always been a consensus
among followers of all religions that these contracts have a special sacred
nature, far above ordinary contracts. Marriage and divorce must, of
necessity, follow the sacred laws. The People of the Book, Jews and
Christians, have a celestial religion and a heavenly book. Despite
countless changes and distortions, they still retain the religious value of
marriage, consider it sacrosanct and are unwilling to change its
ceremonial rites. They maintain that traditional restrictions are binding.
Idol-worshippers, who do not have any celestial book or religion, but do
believe in the Supreme Being, like Hindus, Aryahs, Sikhs, Magi,
Fire-worshippers and star-worshippers, all believe in the sacred nature of
marriage and divorce and feel bound to fulfil their religious rites when

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getting married. All family laws are based on these principles of the
various religions.
Only the atheistic group, which rejects outright the existence of God
or does not see the need for a religion, feel that marriage and divorce are
like any other commercial transaction like 'hiring contract'. The purpose of
marriage is no more than gratification of one's carnal desires. Alas, this
theory seems to be gaining momentum throughout the world nowadays,
which has made man to join the beastly queue. To Allah we belong and to
Him we direct our complaint!
The sacred law of Islam is a complete and chaste system of life. Islam
has not treated marriage as a civil contract only, but has endowed it with
the status of a kind of worship. The institution thus not only allows the
satisfaction of carnal desires of husband and wife in a chaste manner,
with which they are naturally endued, but it also binds them in a wise
and just system of mutual rights and obligations essential to the proper
functioning of family life and solving the sociological problems like
preserving the human race and upbringing of the children.
Since the proper functioning of human race depends on the proper
maintenance of marital relationship, Islam has focused attention on
family issues most exhaustively. By a careful analysis of the Holy Qur'an
we notice that commercial contracts like sale, partnership, hiring and so
on are though among the most important socio-economic problems, the
Holy Qur'an has restricted itself to setting down their basic principles, and
the bye-laws are rarely ever touched upon. In matters of marriage and
divorce, on the other hand, not only the fundamental principles have
been laid down, but their detailed laws have also been directly revealed
by Allah in the Qur'an and entrenched.
These laws have been scattered in various Chapters, and Surah
An-Nisa' deals with them more elaborately. The current Surah, known as
Surah At-Talaq, specifically deals with 'divorce', 'the period of "iddah' and
so on. Thus, according to some narratives, this Surah is also called as
Surah An-Nisa' Aş-Şughra or the Short Surah An-Nisa' [Qurtubi with
reference to Bukhari]
According to the drift of Islamic teachings, when a man and a woman
contract marriage, it should establish a permanent relationship for the

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whole lifetime. This will maintain stability of husband and wife in
mundane, as well as, in religious affairs, and also in the up-bringing of
the children born of this wedlock, so that their moral conduct is proper
and upright. Therefore, Islam, at every step of the way, guides marriage
partners to avoid bitterness in their marital relationship, and even if it
does arise, utmost efforts are made to remove it and to patch up
differences and reconcile. However, despite all these attempts, it is
possible in some cases that there remains no way out for the welfare of
the estranged parties except to terminate this relationship. Religions that
do not allow divorce cause hardship for their followers when faced with
such complicated situations and lead to serious consequences. For that
reason, Islam has, like the laws of marriage, laid down principles and
rules for divorce as well. However, it has at the same time declared to its
followers the guiding principle that, out of all permissible acts, divorce is
the most detested one in the sight of Allah. [narrated by Sayyidna
'Abdullah Ibn 'Umar 400], meaning that people should avoid it as far as
possible. They should use this provision only as a last resort, only when
they are compelled to do it. Sayyidna 'Ali 4
has narrated that the
Messenger of Allah o said تزوّجوا ولا تطلقوا فانّ الطلاق يهتزّ منه عرش الرحمن (Marry;
do not divorce because divorce causes the Throne of the All-Merciful to
shudder.) Sayyidna Abu Musa Ash'arī 4
narrates that the Messenger of
Allah g said: "Do not divorce women without their committing the evil
. act, because Allah does not love men who merely wish to experience the
taste of sex, nor does He love women who merely wish to experience the
taste of sex ." [Qurțubi vide Thalabi]
Sayyidna Mu'adh Ibn Jabal
narrates that the Messenger of Allah
said: "Allah has created nothing on the face of the earth dearer to Him
than emancipation of slaves, and Allah has created nothing on the face of
the earth more hateful to Him than divorce." [Qurțubi]
Nevertheless, Islam has though discouraged divorce and has advised
its followers to avoid it as far as possible, it has allowed it in cases of
necessity under special rules and regulations which require that if
termination of marital relationship becomes necessary, it should be done
in a fair and dignified manner. Divorce should not be taken as a means of
satisfying anger and revenge.
This Surah opens with the vocative expression JC (O Prophet),

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which, according to Imam Qurtubi, is generally used where the rule
declared after that is intended to apply to the entire body of the believers.
Where the injunction is exclusively meant for the person of the Holy
Prophet , he is addressed as ◌ُيَأَيُّهَا الرَّسُول (O Messenger).
In this context, the vocative expression J & Ya-ayyuhan-Nabiyu is
singular and as such it required that the verb should be singular as well
to comply with the Arabic grammatical rule of concordance, but we notice
that the verb used is the second person plural thus wil Lab (s) (O
prophet, when you people divorce women)
In terms of literary usage and rules of eloquence, there are two types
of plural: plural of number and honorific plural. Plural of number applies
to three or more persons, but often the plural may refer to one person
only, in which case it expresses respect or honour and is called honorific
plural . In the light of this rule, the plural verb addresses the 'prophet'
directly as a mark of respect and honour, and at the same time it indicates
that the injunction is not restricted to him exclusively, but it applies to the
entire body of believers.
Some scholars, however, are of the view that a sentence is understood
here in the following way: ◌َأَيُّهَا النَّبِىُّ قُلُ لِلْمُؤْمِنِينَ إِذَا طَلَّقْتُمُ النِّسَاء which means: ()
prophet, say to the believers that when they divorce their wives, they
should observe the following procedure'.
Then the verse has laid down some rules relating to divorce as follows:
Rule [1]
divorce them at a time when the period of "iddah may ... ) فَطَلِّقُوُهُنَّ لِعِدَّتِهِنَّ
start.[1]' Literally the word ['iddah means to 'count' and in the
terminology of Shari'ah the term "iddah means the waiting period
prescribed for a divorced woman before she can marry another man.
There are two ways in which a woman's marriage may be terminated. [1]
When her husband dies, in which case the period of waiting is four
months and ten days. [2] Her marriage ends when the husband divorces
her. In the case of a divorcee that is not pregnant, "iddah is three periods
of menstruation according to Imam Abu Hanifah and other leading
authorities. According to Imam Shafi'i and other scholars, the waiting
period for a divorcee is three tuhrs (i.e. three periods of purity after
menses). However, there are no days or months fixed for her. Whenever

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her three menstrual cycles or clean cycles complete, her waiting period of
divorce will be over. Women who do not menstruate, because they have
not yet attained puberty, or because they have attained menopausal age,
rule about them is forthcoming. Likewise, the rule for pregnant women is
also forthcoming, in which case the waiting period for death and divorce is
the same. The verse indicates that divorce should be given during tuhr
(when woman is not in her menstruation period), so that "iddah may
start from her immediate menstruation period. Conversely, if she is
divorced during menses, "iddah will start from the next menses period,
and she will have to wait for a longer time before her "iddah may start.
Şahin of Bukhari and Muslim record that Sayyidna Ibn 'Umar
divorced his wife while she was menstruating. When Sayyidna 'Umar
mentioned this to the Messenger of Allah , he became very indignant
and said:
ليراجعها ثم يمسكها حتّى تطهر ثم تحيض فتطهر، فان بدا له فليطلقها طاهرًا قبل
أن يمسّها، فتلك العدّة الّتى امرها الله تعَالى ان يطلّق بها النّساء.
"He must take her back and keep her till she is purified, then
has another menstrual cycle and is purified. If it then seems
proper for him to pronounce another divorce to her, he may do
so when she is pure from the menstrual discharge before having
conjugal relations with her, for that is the "iddah that Allah has
commanded for the divorce of women." [Sahip Bukhari and
Muslim as quoted by Mazhari].
This Hadith clarifies several points. [1] It is forbidden to divorce a
woman while she is menstruating. [2] If a person does this, it is necessary
for him to retract the divorce, provided that it is revocable as was in the
case of Sayyidna Ibn 'Umar 4
. [3] If a husband wishes to divorce his
wife during the clean-period, he must not have had conjugal relations
with her. And [4] this is the interpretation of verse [1] of this Surah:
. فَطَلِّقُوُهُنَّ لِعِدَّتِهِنَّ
From what is cited above the meaning of the verse is explained, in
that if a husband wishes to pronounce divorce on his wife, he must do so
before her waiting period can commence. Since, according to Imam Abu
Hanifah, the waiting period will start with the menstrual cycle that
follows the divorce, the meaning of the verse would be that in the clean
period in which divorce is intended to be pronounced, no intercourse

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should take place, and that it should be pronounced towards the last part
of the clean period before the start of the menstrual cycle. But since
according to Imam Shafi'i, the waiting-period starts with the clean-period,
the phrase ◌َّلِقِبَلِ عِدَّتِهِن (before their waiting-period) implies: 'Divorce them at
the start of the clean-period'. This difference of opinion hinges on the
differential interpretation of the word quru' occurring in verse , au-
[228] of Surah Baqarah. The details are available in Volume [1] of
Ma'ariful Qur'an under [2:228]
In sum: The first rule as derived from the verse under comment is
that, according to unanimity of the Ummah, it is forbidden to pronounce
divorce during the monthly courses. It should be pronounced in the
interval between two monthly courses during which the husband and
wife should not have had sexual intercourse. If they had intercourse
during the interval, it is forbidden to pronounce the divorce. The reason
for the prohibition in both cases is that the waiting-period of the wife will
be unnecessarily prolonged and will cause her undue hardship. If she is
divorced during her monthly course, it will not be counted. She will have
to complete her days of menstruation and, according to the Hanafi school,
the next clean-period or interval will not be counted either. When the
second monthly course commences, her "iddah will start. This will
obviously lengthen her period greatly. According to the Shafii school, at
least the rest of the menstrual days, which passed before the
waiting-period, will be increased.
This very first rule about divorce ensures that divorce is not a source
of satisfying a fit of anger or revenge. It is rather an arrangement
adopted as a last resort for the comfort of both the parties. It is necessary,
therefore, to keep in mind from the very outset that the wife should not
be unduly harmed by prolonging her waiting period.
This procedure applies in the case of the women whose "iddah is
calculated by menstrual cycles or clean cycles. It does not apply to women
for whom waiting-period is not compulsory, as in the case of a woman who
did not have privacy with her husband. If a man and a woman got
married but they did not get together in privacy, "iddah is not necessary
for her at all when she is divorced. Therefore, it is permissible to divorce
such women during their monthly courses. Likewise, "iddah for a woman
who does not menstruate on account of minority of age, or because she

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has attained menopausal age, is computed on monthly basis. Their
"iddah is three months. Their menstrual or pure cycles are not taken into
account. It is permissible to divorce them in any state, and even after
having intercourse with them, as the forthcoming verses will clarify.
[[Mazhari] paraphrased]
Rule [2]
And count the period of "iddah ... 1) The word Ihsa' means) وَأَحْصُوا الْعِدَّةَ
'to count'. The verse purports to say that the believers, men and women,
should keep a careful count of the passing days of the waiting period, lest
they forget the exact days and feel, before time, that the waiting-period is
over. The responsibility of keeping count of the days has been imposed on
both men and women, although only masculine form has been used here.
Generally, when the Qur'an imposes injunctions on men and women, it
uses the masculine form but it includes women as well. Another reason for
using masculine gender here may be that women are generally more
heedless, and therefore, the responsibility has been put directly on the
shoulders of men.
Rule [3]
Do not expel them from their houses, nor) لَا تُخْرِجُوُهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخُرُجُنَ
should they go out ... 65:1). The construction in this verse contains the
phrase se 'their houses', and implies that, so far as the residence of
divorced women is due on men, they have a rightful claim in the home of
their former husbands. Letting them reside there is no favour to them,
but it is one of the basic rights of a wife that has been imposed upon the
husband as an obligation. This verse shows that this right of hers does
not end with divorce, but continues till the completion of waiting-period.
Expelling a woman from her house before the completion of the
waiting-period is unjust and forbidden. Likewise, it is forbidden for
women to leave their houses on their own, even though the husband may
permit her to leave, because spending the waiting-period in their houses
is not only the husband's right, but also the Divine right, in that Allah
has imposed on a woman in her period of "iddah. This is the rule
according to the Hanafi school.
Rule [4]
unless they come up with a clearly shameless ... ) إِلَّا أَنْ يَّأْتِيُنَ بِفَاحِشَةٍ مُبَيّنَةٍ
act ... 65:1). It is forbidden to expel divorcees from their homes when they

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are passing their period of "iddah. However, an exception is made in this
part of the verse. The exception applies to a situation when they come up
with a clearly shameless act, in which case they may be expelled. What is
meant by 'a clearly shameless act'? There are three views regarding this
question:
The first view is that 'leaving husband's home on her own' is in itself
an act of committing an outright indecency. In this interpretation, the
'exception' is not meant as a real exception. It does not purport to allow
women to leave the homes, but to emphasise its prohibition with greater
force. Its example is as follows: 'None shall do such-and-such certain
work "unless" he has lost his human quality', or 'Do not use obscene
language against your mother "unless" you wish to become out-and-out
disobedient to your mother'. The first example of 'exception' does not
purport to legalise the act, nor does the second example purport to
legitimise it. Both examples eloquently emphasise prohibition of the acts.
In brief, the injunction in the verse sets down that divorcees are not
permitted to leave their husband's homes, unless they have reached the
ultimate point of indecency and run away. Thus it does not allow to run
away, but stresses its shamelessness and confirms its prohibition. This
interpretation of 'clearly shameless act' is ascribed to Sayyidna 'Abdullah
Ibn 'Umar 4ge, Suddi, Ibn-us-Sa'ib, an-Nakhai and others. Imam Abu
Hanifah has also preferred this interpretation. [Ruh-ul-Ma'ani]
The second interpretation of the phrase a ad l' 'a clearly shameless
act' is that it refers to 'adultery' in which case the use of 'exception' would
be in its normal sense. If a divorced woman commits adultery and it is
proved that she is guilty of the crime, she will have to be taken away from
her home to implement the prescribed punishment of adultery. This
interpretation is attributed to Qatadah, Hasan al-Basri, Sha'bi, Zaid Ibn
Aslam, Daļhak, 'Ikrimah and others. Imam Abu Yusuf has preferred this
interpretation.
The third view about the phrase 'a clearly shameless act' is that it
refers to the 'use of abusive language' or 'quarreling'. The sense is that if
the woman uses abusive language or is quarrelsome, it is permissible to
evict her from her home of "iddah . This interpretation of the phrase is
ascribed to Sayyidna Ibn 'Abbas 4se on the authority of several chains of
transmitters. According to Sayyidna 'Abdullah Ibn Mas'ud
and Ubayy

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Ibn Ka'b 46, the exceptive phrase is read thus - & vi. The apparent
meaning of this reading is ' indecent speech'. This reading confirms the
third interpretation. [Ruh] In this case as well, the 'exception' is employed
in its primary sense - in that if a divorced woman is obscene in words and
actions, she can be evicted from her home of waiting-period.
Thus far four rules of divorcing procedure have been set down. More
rules are forthcoming, but between them there are a few sentences to
stress upon the strict adherence to these rules and to exhort people to
carefully refrain from their violation. It is a unique style of the Qur'an
that after every command or injunction, its violation is prevented by
instilling Allah's awful reverence in the hearts, and by invoking concern
about the Hereafter. Especially the relationship between husband and
wife is so delicate that their mutual rights cannot be fulfilled merely by
legislation. The only thing that can prevent spouses from violation of the
rules is the fear of Allah and the Hereafter.
وَتِلْكَ حُدُوْدُ اللّهِ ﴿ وَمَنْ يَّتَعَدَّ حُدُوْدَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَه، ﴿ لَا تَدْرِىُ لَعَلَّ اللهَ يُحْدِثُ
بَعُدَ ذلِكَ أَمْرًا
(And these are the limits prescribed by Allah. And whoever
exceeds the limits prescribed by Allah wrongs his own self. You
do not know [what will happen in future]; it may be that Allah
brings about a new situation thereafter ... 65:1)
The phrase aus,14 (the limits prescribed by Allah) refers to the sacred
laws set down by the Shari'ah of Islam. The phrase 1 ; (And whoever
exceeds the limits prescribed by Allah) implies 'whoever violates the
sacred laws'. The phrase Lua af da (wrongs his own self) implies that he
has not damaged Allah's sacred laws or the Shari'ah. In fact, he has
caused loss to himself. The loss could be religious, or it could be mundane.
The religious loss means that he has sinned by violating the sacred laws,
in consequence of which he will suffer in the Hereafter. The mundane
loss means that any person who pronounces divorce in violation of the
rules prescribed by the Shari'ah will most probably end up with three
pronouncements of divorce, after which it cannot be revoked and even a
fresh marriage is not possible. Such a person regrets bitterly and suffers
tremendous hardship in this very world, especially if he has children.
Many people divorce their wives with the intention of causing harm to
them. It may cause some harm to the wives, but such cruel husbands will

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be liable to double punishment: firstly for breaking the sacred laws of
Allah, and secondly for the cruelty exercised against women. Such a
situation has been so eloquently versified by a Persian poet:
پنداشت ستمگر جفا برما کرد ..... بر گردن وے بماند وبرما بگذشت
The oppressor thinks that he has caused misery for us
However our misery comes to an end, but the liability of
punishment remains stuck with the neck of the oppressor for
good.
You do not know; it may be that Allah) لَا تَدْرِىُ لَعَلَّ اللّهَ يُحدِثُ بَعُدَ ذلِكَ أَمْرًا
brings about a new situation thereafter .... 65:1). These words signify that
after estranged relations between the espouses, Allah may create a
situation where the husband may recall the comforts he enjoyed in her
wife's company, and realise the services offered by her in taking care of
children and the home. On realising this, He may be remorseful on what
he did, retract the divorce and retain her as his wife. This is possible only
if at the time of divorcing the limits prescribed by the Shari'ah is kept in
view and instead of making the divorce ba'in, a revocable divorce is
pronounced, in which case the husband has the right to retract it and
retain the wife. Irrevocable divorce should not be resorted to
unnecessarily because it terminates the marriage at once. Nor should
three divorces should be pronounced, because after the third
pronouncement, the husband does not have the right to retract, nor is it
possible to renew the marriage contract, even if the divorced parties agree
mutually.
Rule [5]
So, when they [the divorced) فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَاَمُسِكُوُهُنَّ بِمَعْرُوفٍ أَوْفَارِقُوُهُنَّ بِمَعْرُوُفٍ
women] have [almost] reached their term, then either retain them with
fairness, or part with them with fairness ... 65:2). The word ajal means
'term of "iddah' and 'reaching the term' means 'nearing the end of the
"iddah'. The fifth rule laid down by this verse is that when a divorced
woman's term of "iddah' is approaching the end, the time has almost
come for the absolute termination of the marriage. By now the temporary
impulse or momentary fit of anger should have dissipated, and it is the
time to make the major decision with a cool and calm head whether it is
better to retain the wife, or to terminate the marriage with her finally. If

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the decision is to retain the wife, then she should be retained in all
fairness with dignity and courtesy, the masnun procedure of which is
indicated in the forthcoming verse and in Prophetic Traditions: utter
verbally that 'I have revoked the divorce I pronounced to you' and call
two upright men as witnesses. If, however, the decision is to end the
marriage, the woman should be released with fairness, dignity and
courtesy. That is, the "iddah' should be allowed to expire, and once it
expires, she is free to contract marriage with someone else.
Rule [6]
At the end of term, whether it is decided to retain the wife or release
her, the Qur'an has restricted either of the decisions with the word
ma'ruf. Literally, the word ma'ruf means 'a recognised way' and it implies
that the Muslims are required to implement the approved procedure of
Shari'ah and Sunnah, as recognised by Islam. If the decision is to revoke
the divorce and retain the wife, she should not be hurt in future verbally
or physically, nor should this be shown as a favour to her. The husband
should resolve to bear her weakness that led to divorce in the past, so that
it may not cause bitterness to arise again. If, on the other hand, the
decision is to release her, then the recognised procedure is as follows: Do
not evict her in disrespectful manner, but release her in a courteous
manner. When she is made to leave the house, it is at least mustahab
[rewardable] in some cases to give her a suit of clothes, and in other cases
it is wajib [compulsory] to do so, as other verses of the Qur'an show. The
details are available in books of jurisprudence.
Rule [7]
The seventh rule is derived directly from the above verse that gives
the husband two options of retaining the wife or parting with her in
fairness, and also indirectly from the preceding verse that says sau ju
('i dus @ " ... it may be that Allah brings about a new situation thereafter."
Both these verses indicate that if the husband is forced into a situation of
divorcing, it is the divine will that he should keep the option of revoking
the divorce open. The approved method of divorce is that he should
pronounce the divorce only once in express or clear words. The
pronouncement of divorce should not contain any word or phrase
expressive of anger that might denote absolute termination of marriage
tie, as for instance he might say 'Get out of my house', or say 'I pronounce