Towards Understanding the Qur'an. Sayyid Abul A'la Mawdudi
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Should their husbands desire reconciliation during this time they are entitled to take them back into wedlock.78
Women have the same rights against their men as men have against them; but men have a degree above them. Allah is All-Powerful, All-Wise.
(229) Divorce can be pro- nounced twice: then, either honourable retention or kindly release should follow.79 (While dissolving the marriage tie) it is unlawful for you to take back anything of what you have given to your wives unless both fear that they may not be able to keep within the bounds set by Allah. Then, if they fear that they might not be able to keep within the bounds set by Allah, there is no blame upon them for what the wife might give away of her property to become released from the marriage tie.80 ▶
78 This injunction only relates to a situation where the husband has pronounced divorce once or twice. In that case the husband retains the right to revoke the divorce before the expiry of [iddah (waiting period).
79 According to this verse, a man may pronounce revocable divorce upon his wife not more than twice. Should he pronounce divorce for the third time after revoking it twice, the wife will be permanently alienated from him.
80 In the terminology of Islamic Law this is known as khul[, i.e. a woman’s securing the annulment of her marriage through the payment of some
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Al-Baqarah 2: 230–1
These are the bounds set by Allah; do not transgress them. Those of you who transgress the bounds set by Allah are indeed the wrong-doers.
(230) Then, if he divorces her (for the third time, after having pronounced the divorce twice), she shall not be lawful to him unless she first takes another man for a husband, and he divorces her.81 There is no blame upon them if both of them return to one another thereafter, provided they think that they will be able to keep within the bounds set by Allah. These are the bounds of Allah which He makes clear to a people who have knowledge (of the con-sequences of violating those bounds).
(231) And so, when you divorce women and they reach the end of their waiting term, then either retain them in a fair manner or let them go in a fair manner. ▶
compensation to her husband. In case of khul[ it is permissible for the husband to reclaim the whole or part, as agreed upon, of what he had given to his wife. But in case of divorce by the husband he has no right to reclaim any part of what he had gifted to the wife.
81 What it means is that the second husband divorces her voluntarily if and when he likes. This provides no room for the sham marriage and divorce that are arranged just to make it permissible for the first husband to remarry his divorced wife.
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Al-Baqarah 2: 232–3
And do not retain them to their hurt or by way of transgression; whosoever will do that will indeed wrong himself. Do not take the Signs of Allah in jest and remember Allah’s favour upon you. He exhorts you to revere the Book and the Wisdom that He has sent down upon you. Fear Allah, and know well that Allah has full knowledge of everything.
(232) When you divorce women and they have completed their waiting term do not hinder them from marrying other men if they have agreed to this in a fair manner. That is an admonition to everyone of you who believes in Allah and the Last Day; that is a cleaner and purer way for you. For Allah knows whereas you do not know.
(233) If they (i.e. the fathers) wish that the period of suck- ling for their children be com- pleted, mothers may suckle their children for two whole years.82 ▶
82 This injunction applies to the condition where the couple have separated either because of divorce, or khul[ or faskh (annulment) or tafriq (repudiation as a result of judicial decision) and the woman is nursing a child.
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Al-Baqarah 2: 234
(In such a case) it is incumbent upon him who has begotten the child to provide them (i.e. divorced women) their sustenance and clothing in a fair manner. But none shall be burdened with more than he is able to bear; neither shall a mother suffer because of her child nor shall the father be made to suffer because he has begotten him. The same duty towards the suckling mother rests upon the heir as upon him (i.e. the father). And if both (the parents) decide, by mutual consent and consultation, to wean the child, there is no blame on them; if you decide to have other women suckle your children there is no blame upon you, provided you hand over its compensation in a fair manner. Fear Allah and know well that Allah sees all that you do.
(234) The wives of men who have died must observe a waiting period of four months and ten days;83 ▶
83 The waiting period owing to the death of the husband is obligatory even for a woman with whom consummation of marriage has not taken place. A pregnant woman, however, is exempt from this. Her waiting period expires with childbirth, even if the time between the husband’s death and the childbirth is less than the
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Al-Baqarah 2: 235–6
when they have reached the end of the waiting term, there is no blame upon you regarding what they may do with them- selves in a fair manner. Allah is well aware of what you do. (235) There is no blame upon you whether you hint at a marriage proposal to such women or keep the proposal hidden in your hearts. Allah knows that you will think of them in that connection. But do not make any secret engagement with them and speak openly in an honourable manner. Do not resolve on the marriage tie until the ordained term has come to its end. Know well that Allah knows even what is in your hearts. So, have fear of Him and know well that Allah is All-Forgiving, All- Forbearing.
(236) There is no blame upon you if you divorce your wives before you have touched them or settled a bridal gift upon them. ▶
waiting period prescribed by Law. To observe “a waiting period” does not mean merely that the women concerned should refrain from marrying, but also from self-adornment.
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Al-Baqarah 2: 237–8
But even in this case you should make some provision for them: the affluent, according to his means; the straitened, according to his means – a provision in fair manner. That is a duty upon the good-doers. (237) And if you divorce them before you touch them or settle a bridal gift upon them, then (give them) half of what you have settled unless either the women act leniently and forgo their claim, or he in whose hand is the marriage tie acts leniently (and pays the full amount). If you act leniently, it is closer to God-fearing. And forget not to act gracefully with one another, for indeed Allah sees all that you do.
(238) Be watchful over the Prayers, and over praying with the utmost excellence,84 and stand before Allah as would utterly obedient servants. ▶
84 The expression used here is al-salat al-wusta. The adjective wusta, in addition to signifying the middle position of the subject that it qualifies, also signifies its excellence. Hence the expression could legitimately