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At-Talaq (Divorce)

Verse 1

Translation:

1. O Prophet! when ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

Notes (Tafseer):

5503. Note that in the first instance the Prophet is himself addressed individually, as the Teacher and representative of the Community. Then the actual directions: "when ye...." are addressed to the Community collectively.

5504. "Of all things permitted by law, Divorce is the most hateful in the sight of Allah"; see Introduction to this Sura. The general directions and limitations of Divorce may be studied in ii. 228-232, 236-237, 241, and notes; also iv. 35.

5505. 'Iddat, as a technical term in divorce law, is explained in n. 254 to ii. 228. Its general meaning is "a prescribed period": in that general sense it is used in ii. 185 for a prescribed period for fasting.

5506. The prescribed period (see last note) is in the interests of the wife, of the husband, of an unborn child (if there is any), and of sex laws in nature, and therefore the elementary dictates of refined human society. In English Law the six months interval between the decree nisi and the decree absolute in divorce attains the same purpose in a round-about way. The Commentators suggest that the divorce should not be pronounced during the courses. Read with ii. 222, this implies that any incipient differences between husband and wife should not be forced to an issue at a time when sex is least attractive and almost repulsive. Everything should be done to strengthen the social and spiritual aspects of marriage and keep down stray impulses of animal instinct. The parties are to think seriously in a mood of piety, keeping the fear of Allah in their minds.

5507. As Islam treats the married woman as a full juristic personality in every sense of the term a married woman has a right, in the married state, to a house or apartment of her own. And a house or apartment implies the reasonable expenses for its upkeep and for her own and her children's maintenance. And this is obligatory not only in the married state, but during the 'iddat, which is necessarily a most trying period for the woman. During this period she must not only not be turned out, but it is not decent for her to leave of her own accord, lest the chances of reconciliation should be diminished: see the next note.

5508. A reconciliation is possible, and is indeed recommended at every stage. The first serious difference between the parties are to be submitted to a family council on which both sides are represented (iv. 35); divorce is not to be pronounced when mutual physical attraction is at an ebb (n. 5506); when it is pronounced, there should be a period of probationary waiting: dower has to be paid and due provision has to be made for many things on equitable terms; every facility has to be given for reconciliation till the last moment, and impediments are provided against hasty impulses leading to rupture. "Thou knowest not if perchance Allah will bring about thereafter some new situation."

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