The Third Divorce

In the Name of Allah, the Gracious, the Merciful

Extract from QUR’AANIC STUDIES – A Modern Tafsir PART I:

230. Fa-in tallaqaha fala tahillu lahu min baAAdu hatta tankiha zawjan ghayrahu fa-in tallaqaha fala junaha AAalayhima an yatarajaAAa in thanna an yuqeema hudooda Allahi watilka hudoodu Allahi yubayyinuha liqawmin yaAAlamoona

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2:230. If he then divorces her ⁴³⁹, he shall thereafter have no right to conjugal relationship with her until she marries another man. Then if that other man divorces her, there is no sin upon the two to return to each other if both think that they should be able to remain within parameters laid down by Allah. And He does explain those parameters, for knowledgeable people.⁴⁴⁰

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439. This obviously is with reference to the preceding Verse 229 wherein mention is made of a wife divorced twice by the same husband but retained as his wife after each of the two divorces. Now this Verse 230 deals with a situation wherein the husband divorces the wife for the third time.

440. The parameters, laws or the restrictions/limits laid down by Allah for proper conduct of either one of a married couple with the other, are duly explained in the Qur'aan. We have already seen, in Verse 228, that both husband and wife have their respective rights as they have their respective obligations. The other parameters are laid down in various other Verses – in Verse 4:19, for example – throughout the Qur'aan. Allah expects that people study the Qur'aan regularly to become knowledgeable and to imbibe those parameters.

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Kindly also go through, in this context, my earlier post What Is Attalaaq.

Mohammad Shafi

Friday, the 23^rd of August 2019.

What Is Attalaaq?

In the Name of Allah, the Gracious, the Merciful

Like in الربا (Ar-Riba), in this word الطلاق (Attalaq) too, there is this prefix of ال. This prefix gives طلاق its special Qur'aanic meaning/definition. It is, I submit, as under:

It is the declaration of the husband's intent (عزم), seriously - and not jokingly or in a fit of anger - communicated to his wife. It is the intention that matters, and not the number of declarations - once, twice or thrice, made at one go or at an interval of one month - of the same intention. Once this communication is made, the wife becomes مطلقه (divorced) and the first الطلاق happens.

There is a waiting period (عدت) prescribed for the مطلقه. The عدت in the case of an unconsummated marriage is nil, and in cases of consummated marriages, it is 3 menstrual periods or 3 months. For a pregnant مطلقه, it is till delivery.

During the عدت the couple can resort to امساك (reconciliation). And even after the عدت is over, they can remarry. Then the intent, in husband's mind, of divorce gets wiped out, but, let me repeat, the fact, that first الطلاق has happened, does not get wiped out. If, after lapse of some time then, the couple's mutual relationship again gets so bad that the husband's intent to divorce her reemerges and he communicates that intent to her, then it is counted as الطلاق No. 2!

But if امساك does not happen and the مطلقه has to leave the husband's house, her leaving ought to be باحسان (done with kindness). Nothing that the husband had given her, as his wife, should be taken back from her, except when all concerned (the husband, the wife, and their respective families) agree that the divinely laid down norm of not taking anything back from the مطلقه cannot be adhered to, she may give up any of those things given her, to facilitate the divorce taking effect. This exception also is within the divinely laid-down limits, and no blame of committing any sin, for availing it, lies on either the husband or the wife, and therefore there is no question of imposing any penalty/restriction on either of them.

So, الطلاق is the divorce in which all the conditionals mentioned above are fulfilled. الطلاق is permitted only twice (الطلاق مرتان), which fact has also been reiterated in the Qur'aan, in its unique mathematical way of mentioning the word الطلاق only twice in the entire Scripture. Third time, the divorce becomes irreversible and goes outside the scope of الطلاق.

May Allah Almighty guide Muslims to His correct Path,

Mohammad Shafi

Rights of Divorced Women

In the Name of Allah, the Gracious, the Merciful

Extract from Chapter 2 of QUR’AANIC STUDIES – A Modern Tafsir:

241. Walilmutallaqati mataAAun bialmaAAroofi haqqan AAala almuttaqeena

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241. And the divorced women have a right to proper and reasonable maintenance. Providing such maintenance is an obligation upon those who fear Allah.⁴⁵⁹

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459. As for the widows, so for the divorced women. The kind Lord of all has made adequate provisions for all, especially the vulnerable section of human society. It's largely because of intransigence, excesses, and generally unjust behaviour on the part of human beings themselves that bring about sufferings in this world.

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Mohammad Shafi

Friday, the 1^st of September 2017.