Period of Revelation
Hadrat Abdullah bin Masud has Pointed out
and the internal evidence of the subject matter of the Sura confirms the same
that it must have been sent down after those verses of sura Al-Baqarahin which com
mandments concerning divorce were given for the first time. Although it is difficult to
determine precisely what is its exact date of revelation
yet the traditions in any case indicate that when the people started making errors in
understanding the commandments of Sura Al-Baqarah
and practically also they began to commit mistakes
Allah sent down these instructions for their correction.
Theme and Subject Matter
In order to understand the commandments of this Sura
it would be useful to refresh one's memory about the instructions which have been
given in the Qur'an concerning divorce and the waiting period (Iddat) above. "Divorce
may be pronounced twice; then the wife may either be kept back in fairness or allowed
to separate in fairness." (Al Baqarah 229) "And the divorced women (after the
pronouncement of the divorce) must wait for three monthly courses... and their
husbands are fully entitled to take them back (as their wives) during this waiting period
if they desire reconciliation." (Al Baqarah 228) "Then
if the husband divorces his wife (for the third time)
she shall not remain lawful for him after this divorce
unless she marries another husband..." (Al-Baqarah : 230) "When you marry the
believing women
and then divorce them before you have touched them
they do not have to fulfil a waiting period
the completion of which you may demand of them." (Al-Ahzab : 49) "And if those of you
who die
leave wives behind
the women should abstain (from marriage) for four months and ten days." (Al-Baqarah
234) The rules prescribed in these verses were as follows: (1)A man can pronounce at
the most three divorces on his wife. (2) In case the husband has pronounced one or
two divorces he is entitled to keep the woman back as wife within the waiting period
and if after the expiry of the waiting period the two desire to re-marry
they can re- marry there is no condition of legalisation (tahlil). But if the husband has
pronounced three divorces
he forfeits his right to keep her as his wife within the waiting. period
and they cannot re-marry unless the woman remarries another husband and he
subsequently divorces her of his own free will. (3) The waiting period of the woman
who menstruates and marriage with whom has been consummated
is that she should pass three monthly courses. The waiting period in case of one or two
divorces is that the woman is still the legal wife of the husband and he can keep her
back as his wife within the waiting period. But if the husband has pronounced three
divorces
this waiting period cannot be taken advantage of for the purpose of reconciliation
but it is only meant to restrain the woman from re-marrying another person before it
comes to an end. (4) There is no waiting. period for the woman
marriage with whom has not been consumated
and who is divorced even before she is touched. She can re-marry
if she likes
immediately after the divorce. (5) The waiting period of the woman whose husband dies
is four months and ten days. Here
one should understand well that Sura At- Talaq was not sent down to annul any of
these rules or amend it
but it was sent down for two purposes; First
that the man who has been given the right to pronounce divorce should be taught such
judicious methods of using this right as do not lead to separation
as far as possible however
if separation does take place
it should only be in case all possibilities of mutual reconciliation have been exhausted.
For in the Divine Law provision for divorce has been made only as an unavoidable
necessity; otherwise Allah does not approve that the marriage relationship that has
been established between a man and a woman should ever break. The Holy Prophet
(upon whom be Allah's peace) has said "Allah has not made lawful anything more
hateful in His sight than divorce." (Abu Daud). And: "Of all the things permitted by the
Law
the most hateful in the sight of Allah is the divorce
(Abu Daud) The second object was to complement this section of the family law of
Islam by supplying answers to the questions that hau remained after the revelation of
the commandments in SJrah Al-Baqarah. So
answers have been supplied to the following questions:What would be the waiting
period of the women
marriage with whom has been consummated and who no longer menstruate
or those who have not yet menstruated
in case they are divorced?What would be the waiting pe
