In the name of
GOD, Most Gracious, Most Merciful There is no other god beside GOD |
||||||
|
||||||
Divorce, An Understanding From Quran |
||||||
I seek refuge in GOD, from Satan the rejected
In the name of GOD, Most Gracious and Most Merciful
From a reading of the Quran we learn that God does not favor divorces and in fact encourages the continuation of marriage. God has imposed prohibitions on certain category in marriage. However for those who comes to know of these prohibitions afterwards are commanded not to break existing marriages - see 4:22-23.
Divorce must be resorted only in exceptional circumstances. The laws relating to divorce together with the relevant verses from the Quran are given below:
Appoint an arbitrator:
[4:35]
If a couple fears separation, you shall appoint an arbitrator from his family
and an arbitrator from her family; if they decide to reconcile, GOD will help
them get together. GOD is Omniscient, Cognizant.
Wait 4 months cooling off before divorce:
[2:226-227]
Those who intend to divorce their wives shall wait four months (cooling off);
if they change their minds and reconcile, then GOD is Forgiver, Merciful. If
they go through with the divorce, then GOD is Hearer, Knower.
If the estranged couple chooses separation they must go through with it equitably. There must be two equitable witnesses witness the divorce before GOD
[65:2]
Once the interim is fulfilled, you may reconcile with them equitably, or go
through with the separation equitably. You shall have two equitable witnesses
witness the divorce before GOD. This is to enlighten those who believe in GOD
and the Last Day. Anyone who reverences GOD, He will create an exit for him.
Divorced women to observe an interim period:
[2:228]
The divorced women shall wait three menstruations (before marrying another man).
It is not lawful for them to conceal what GOD creates in their wombs, if they
believe in GOD and the Last Day. (In case of pregnancy,) the husband's wishes
shall supersede the wife's wishes, if he wants to remarry her. The women have
rights, as well as obligations, equitably. Thus, the man's wishes prevail (in
case of pregnancy). GOD is Almighty, Most Wise.
[65:4-5]
As for the women who have reached menopause, if you have any doubts, their interim
shall be three months. As for those who do not menstruate, and discover that
they are pregnant, their interim ends upon giving birth. Anyone who reverences
GOD, He makes everything easy for him. This is GOD's command that He sends down
to you. Anyone who reverences GOD, He remits his sins, and rewards him generously.
Exception for observing interim period:
[33:49]
O you who believe, if you married believing women, then divorced them before
having intercourse with them, they do not owe you any waiting interim (before
marrying another man). You shall compensate them equitably, and let them go
amicably.
After the fulfillment of the interim the divorced women is free to do whatever she wants
Although the following verse is in context of widows, it appears to be applicable to divorcees too.
You Shall Observe the Pre-Marriage Interims
[2:234]
Those who die and leave wives, their widows shall wait four months and ten days
(before they remarry). Once they fulfill their interim, you commit no error
by letting them do whatever righteous matters they wish to do. GOD is fully
Cognizant of everything you do.
[2:235]
You commit no sin by announcing your engagement to the women, or keeping it
secret. GOD knows that you will think about them. Do not meet them secretly,
unless you have something righteous to discuss. Do not consummate the marriage
until their interim is fulfilled. You should know that GOD knows your innermost
thoughts, and observe Him. You should know that GOD is Forgiver, Clement.
Divorced women have to be provided for:
This is probably one of the abused laws in the Quran. But God holds us responsible for our innermost thoughts. If one observes God’s laws then God makes it easy for him / her.
[65:7]
The rich husband shall provide support in accordance with his means, and the
poor shall provide according to the means that GOD bestowed upon him. GOD does
not impose on any soul more than He has given it. GOD will provide ease after
difficulty.
Alimony For Widows and Divorcees
[2:240]
Those who die and leave wives, a will shall provide their wives with support
for a year, provided they stay within the same household. If they leave, you
commit no sin by letting them do whatever they wish, so long as righteousness
is maintained. GOD is Almighty, Most Wise.
[2:241]
The divorcees also shall be provided for, equitably. This is a duty upon the
righteous.
Compensation when marriage is not consummated:
Breaking the Engagement
[2:236]
You commit no error by divorcing the women before touching them, or before setting
the dowry for them. In this case, you shall compensate them - the rich as he
can afford and the poor as he can afford - an equitable compensation. This is
a duty upon the righteous.
[2:237]
If you divorce them before touching them, but after you had set the dowry for
them, the compensation shall be half the dowry, unless they voluntarily forfeit
their rights, or the party responsible for causing the divorce chooses to forfeit
the dowry. To forfeit is closer to righteousness. You shall maintain the amicable
relations among you. GOD is Seer of everything you do.
Divorced women entitled to stay in the same house she stayed before divorce:
Do Not Throw the Divorcees Out Onto the Streets
[2:231]
If you divorce the women, once they fulfill their interim (three menstruations),
you shall allow them to live in the same home amicably, or let them leave amicably.
Do not force them to stay against their will, as a revenge. Anyone who does
this wrongs his own soul. Do not take GOD's revelations in vain. Remember GOD's
blessings upon you, and that He sent down to you the scripture and wisdom to
enlighten you. You shall observe GOD, and know that GOD is aware of all things.
[65:6]
You shall allow them to live in the same home in which they lived with you,
and do not make life so miserable for them that they leave on their own. If
they are pregnant, you shall spend on them until they give birth. If they nurse
the infant, you shall pay them for this service. You shall maintain the amicable
relations among you. If you disagree, you may hire another woman to nurse the
child.
Divorce can be retracted twice:
In other words, if the couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry. This is allowed for two divorce only. If the couple divorces third time they have to observe God's commandment in 2:230 (quoted below.) God makes it not-so-easy for the couple to divorce. This law serves as a deterrent for those who want a divorce for the third time and they would be very careful to take this step.
[2:229]
Divorce may be retracted twice. The divorced woman shall be allowed to live
in the same home amicably, or leave it amicably. It is not lawful for the husband
to take back anything he had given her. However, the couple may fear that they
may transgress GOD's law. If there is fear that they may transgress GOD's law,
they commit no error if the wife willingly gives back whatever she chooses.
These are GOD's laws; do not transgress them. Those who transgress GOD's laws
are the unjust.
[2:232]
If you divorce the women, once they fulfill their interim, do not prevent them
from remarrying their husbands, if they reconcile amicably. This shall be heeded
by those among you who believe in GOD and the Last Day. This is purer for you,
and more righteous. GOD knows, while you do not know.
[2:230]
If he divorces her (for the third time), it is unlawful for him to remarry her,
unless she marries another man, then he divorces her. The first husband can
then remarry her, so long as they observe GOD's laws. These are GOD's laws;
He explains them for people who know.
Also note the words "It is not lawful for the husband to take back anything he had given her." in 2:229.
In case there is a baby during the interim:
If during the observation of the interim period it is discovered that the divorced women is pregnant then as stated in 65:4 the interim ends upon giving birth. God has decreed the following law dealing with the infant:
[2:233]
Divorced mothers shall nurse their infants two full years, if the father so
wishes. The father shall provide the mother's food and clothing equitably. No
one shall be burdened beyond his ability. No mother shall be harmed on account
of her infant, nor shall the father be harmed because of his infant. (If the
father dies), his inheritor shall assume these responsibilities. If the infant's
parents mutually agree to part, after due consultation, they commit no error
by doing so. You commit no error by hiring nursing mothers, so long as you pay
them equitably. You shall observe GOD, and know that GOD is Seer of everything
you do.
Under what conditions can a woman divorce her husband?
Whichever party chooses for divorce must obey the laws as aforesaid. Normally divorce is mutually decided by the couple. If the aforesaid laws are observed, there could be a situation where either of the spouse may not give their consent but if the arbitrators from both the families decide that divorce is the best solution for the estranged couple then they would, nevertheless go through divorce. The divorce laws are applicable to both man and woman (4:35 and 2:237 indicate this) except that there are certain additional laws which a divorced woman has to observe.
The following seem to be the only conditions where a believing woman leaves her husband without observing the above laws. In fact, I think in this case even a formal divorce is not required under Quran. However if the law of the land requires a formal divorce then one must follow suit.
In Case of War
[60:10]
O you who believe, when believing women (abandon the enemy and) ask for asylum
with you, you shall test them. GOD is fully aware of their belief. Once you
establish that they are believers, you shall not return them to the disbelievers.
They are not lawful to remain married to them, nor shall the disbelievers be
allowed to marry them. Give back the dowries that the disbelievers have paid.
You commit no error by marrying them, so long as you pay them their due dowries.
Do not keep disbelieving wives (if they wish to join the enemy). You may ask
them for the dowry you had paid, and they may ask for what they paid. This is
GOD's rule; He rules among you. GOD is Omniscient, Most Wise.
May God bless and be with you
International Community of Submitters / Masjid Tucson The world wide community of those who Submit to God Alone and advocate the worship of God Alone Praise Be To God, Lord of the Universe Email: info@masjidtucson.org |
all rights reserved © masjidtucson.org |