"When you (men) divorce women, divorce them keeping in view 'Iddat' (prescribed period of waiting) and reckon the period, and fear Allah your Lord. Expel them not from their houses, nor shall they themselves leave unless they are guilty of open lewdness. Such are the limits (imposed by Allah); and whoso transgresses Allah's limits, he verily wrongs his soul." (65:1).
"And for such of your woman as despair of menstruation, if you have doubts, their period (of waiting) shall be three months, along with those who have it (menstruation) not. And for those who carry (child in their wombs) their period of 'Iddat' shall be till they deliver their burdens." (65:4)
"Divorced woman shall wait keeping themselves apart three (monthly) courses. And it is not lawful for them that they should conceal that which Allah has created in their wombs, if they are believers in Allah and the last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (the women) have rights similar to those (of men) over them in a just manner. And men are a degree above them (women) and Allah is Mighty, Wise." (1:228)
"And when they have fulfilled their prescribed term, take them back on equitable term, and keep your testimony upright for Allah…." (54:2)
"And when you have divorced women and they fulfil their term of 'Iddat' either take them back on equitable term or set them free on equitable term. And retain them not to inflict harm unto them so that you transgress the (limit). He who does that does wrong his (own) self…." (2:231).
"And when you divorced women and they fulfil the term of their 'Iddat' do not prevent them from marrying their (former) husbands if they mutually agree on equitable term…." (2:232).
"(This) divorce is (permissible) twice: after that the parties should either hold together on equitable terms, or separate with kindness. And it is not lawful for you (men) to take back any of your gifts (from) your wives which you have given them, except when both parties fear that they would not be able to keep the limits ordained be Allah…." (2:229).
"And if he (husband) has divorced her (the third time) then she is not lawful unto him thereafter except in case she had wedded another husband (and been divorced again). In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by Allah." (2:230).
"And if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back. Would you take it back by slander and a manifest wrong?" (4:20).
"For divorced women maintenance should be provided on a reasonable (scale). This is duty on the righteous." (2:241).
"Lodge them (women in Iddat) where you dwell according to your means and harass them not so as to straighten their circumstances. And if they are with child, then spend for them till they deliver their burden. Then if they give suckle (to the child) for you, give them their due payment and consult together in kindness, but if you make difficulties for one another then let some other woman give suck on behalf of the child." (65:6).
"Let the man of means spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him." (65:7).
"There is no blame on you if you divorce women before consummation or the fixation of their dower, but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means; a gift of reasonable amount is due from those who wish to do the right thing." (2:236).
"And if you divorce them before consummation, but after the fixation of dower for them, then the half of the dower (is due to them) unless they remit it or is remitted by him in whose hands is the marriage tie and remission is the nearest to righteousness. And do not forget liberality between yourselves." (2:237).
"O you who believe! When you marry believing women and then divorce them before you have touched them, no period of Iddat have you to count in respect of them. So give them a gift and set them free in a handsome manner." (33:49).
"If a woman fears ill treatment from her husband or desertion, it is no sin for them twain if they make terms of peace between themselves. Such settlement is better. But man's minds are swayed by greed." (4:128).
"For those who take an oath for abstention from their wives awaiting for four months is ordained; then if they change their minds, surely Allah is Forgiving, Merciful." (2:226).
"As for those women from whom you fear disloyalty, admonish them and banish them to beds apart, and beat them. Then if they obey you, seek not a way against them." (4:35)
"And if you fear a breach between them twain (the man and the wife) appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind." (4:35).
After the pronouncement of divorce, 'Iddat', prescribed period of waiting has to be observed. The duration of 'Iddat' has been categorically stated in verses 65:4 and 2:228.
The pronouncement of 'Talaq' means that a decision has been taken and expressed publicly in words. This means the beginning of a temporary state of separation. After the pronouncement of divorce the husband and the wife are required to live apart in the same house till the expiry of 'Iddat'; the wife must not be expelled from the house nor should she leave the house unless she is guilty of open lewdness (65:1). During the period of 'Iddat' if the husband changes his mind they can live together (as husband and wife, if already three talaqs have not been pronounced and in that event the earlier-Editor) pronounced divorce will be anfractuous; in case the wife does not desire reconciliation, in such situation, the wife should be persuaded to agree.
Divorce will become substantive immediately on the expiry of 'Iddat'. After that the husband has either to take her back on equitable term or part with her on equitable term, and in both the cases there should be two just witnesses (65:2). Here taking her back in the presence of witnesses means "remarriage" and such remarriage has been categorically mentioned in verse 2:232. The relatives and the other members of the community have no right to prevent the divorced woman from such marriage with her former husband.
On the expiry of Iddat the husband has to decide quickly whether he wants to remarry his divorced wife; he must not retain her with the intention of inflicting harm unto her, and should set her free on equitable term.
Thus we find that the effective divorce has 3 parts:
The procedure for complete separation may be as follows:
After the pronouncement of Talaq for the first time the term of Iddat must be allowed to be fulfilled and after that if the husband does not like to remarry her he has to set her free on equitable term in the presence of two witnesses; which means complete separation between the husband and wife. On the other hand if the husband remarries his divorced wife they can live together. If later the husband decides to get rid of her, he can pronounce a second talaq and on such pronouncement the required Iddat has to be observed and when the term of Iddat is over, he can, if he so desires, marry her again in the presence of witnesses and start living together (as husband and wife-Editor) again. After that, if he pronounces talaq for the third time, he can not marry her again unless she has wedded another husband (2:230) and gets divorced or becomes widowed. This provision has been criticized by the western scholars; they maintain that if the divorced woman wants her former husband why should she be compelled to lead conjugal life with another unknown person. The reason for such provision is not far to seek. The divorce should not be taken lightly; of all permissible things this is most disliked by Allah. For that reason Qur’an has made divorce rather difficult. The husband and the wife has been allowed to two chances (over a period three months) to settle their discord and achieve reconciliation, but, they have failed to do so. There must be something basically wrong with them which none of them can amend; they had been leading a miserable conjugal life. Marriage of the woman elsewhere after the third divorce gives a chance to her to embark on a new conjugal life, which may prove happy and satisfying to her. If, on the other hand, here also maladjustment mars their married life and separation takes place, the Qur'an has permitted her to be wedded to her former husband after the necessary formalities of divorce from the second husband.
The practice of pronouncing two or three talaqs at a time before and the practice of remarriage after the third talaq putting up a mere show of marriage, and divorce from a second husband, in the opinion of the author, are not in keeping with the Qur'anic injunctions.
It is to be noted that whenever a serious discord between husband and wife comes to light for the first time, it is the duty of the relations and community leaders to take a preliminary step towards reconciliation by appointing "an arbiter from his folk and an arbiter from her folk". (4:35)
Before concluding this chapter the sentence in verse 2:229 "It is not lawful for you to take back any of your gift (from wives) which you (husband) have given them (wives) except when both parties fear that they would not be able to keep the limits ordained by Allah" merits elucidation.
The qualifying clause "except when both parties fear that they would not be able to keep the limits ordained by Allah" signifies that it will be lawful for the husband to take back a gift earlier given by him to his wife only under special circumstances. The phrase to take back obviously does not mean snatching away but implies that wife gives back the gift (or a part thereof) of her own volition with a definite purpose.
Now let us consider the special circumstances mentioned above; the verse has qualified it by stating that "when both parties fear that they would not be able to keep the limits ordained by Allah". Use of the word "fear" implies that there is a lurking sense of remorse and helplessness on the part of both the husband and the wife because they are not being able to keep the limits ordained by Allah. By way of illustration, let us consider a case where couple is not pulling on well together, the wife feels that she has been grievously wronged and all the time suffering terrible mental agony. She is not in a position to fulfil her obligations as a wife and keen to end marital relationship. On the other hand the husband is also unable to observe the limits set by Allah in discharging his duties towards his wife. He feels that under the circumstances he should set his wife free but is hesitant to divorce her because of the unpaid dower; he is in acute financial hardship and not in a position to pay it off. In consideration of this critical situation the wife can remit the unpaid dower and the husband is entitled to accept such remission that is such taking back of the gift. (In case of "Khula" mentioned in the verse 2:225 the wife can free herself and the husband can take back the Mohr paid by him. However, if the husband does not take anything it will be his grace-Editor)
by Ferdous Khan