Saturday, February 20, 2016

Divorce and the term of probation for a woman

Divorce and the term of probation for a woman

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)
Stage – 1, Verses – 226 to 228a of 286, Section – 28 of 40 (Part - 2)


BisMIllaahir-Rahmaanir-Rahiim
In the name of God, the Beneficent, the Merciful

226. Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful.

227. And if they decide upon divorce (let them remember that) Allah is Hearer, Knower.
226.  Lillaziina  yu’-luuna  min-nisaaa-‘ihim  tarabbusu  ‘arba-‘ati  ‘ash-hur.  Fa-‘in-faaa-‘uu  fa-‘innAllaaha Gafuurur-Rahiim.

227.  Wa  ‘in  azamut-talaaqa  fa-‘innAllaaha Samii-‘un  ‘Aliim.

Lesson

Yu’-luuna – (who forswear), this word has been derived from ‘iilaa which means forswear. Idiomatically its aim is to swear for living separate from the wife. It was common custom in the Arabians that whenever they used to come in rage, they forswore to remain separate from their wives.  

 Talaaq – (divorce), according to law, disconnecting the mutual relationship entirely among husband and wife is called ‘divorce’, repudiation. Different methods about divorce were customary in the world before Islam. There was no restriction or responsibility in the matter of divorce among the Jews. Whenever any individual wished, he got rid of his wife writing a divorce letter only. The wife could wed another husband at the same time. Comparing this freedom, the Christians chose very difficult way. They kept no accommodation for husband and wife to be separate, except that the wife becomes guilty of fornication. The same condition is of the Indian religion. The divorce is still unlawful for them till today. On the contrary, Islam adopted the way of temperance.

It was mode of Arabians that after forswear, which was a kind of divorce according to them, used to become free from paying the expenditures of their wives, performing other duties and responsibilities for them. Islam corrected this rule and told that forswearing is not equal to breaking the marriage knot, but it is only the beginning. Islam has determined length of time for meditation, consideration and period for this long time kept four months, which is quite sufficient for this purpose that the husband may think with cool heart on all aspects and this important matter of separation from his wife.

Islam has permitted with the condition that if the husband feels faithfully that if his life partner; either doesn’t cooperate with him or doesn’t fulfill his lawful desires, then he should divorce her, despite it that they pine away their entire lives and remain displeased from each other. It is better that they should be disconnected.

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228a.  Women who are divorced shall wait, keeping themselves apart,   three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day.
228a.  Wal-mutallaqaatu  yatarab-basna  bi-‘anfusi-hinna  salaasata  quruuu’.  Wa  laa ya—hillu  lahunna  ‘any-yaktumna  maa khalaqAllaahu  fiii  ‘ar-haa-mihinna  ‘in-kunna    yu’-minna  BIllaahi  wal-Yawmil-‘Aakhir.

Lesson

‘Al-mutallaqaatu – (the divorced women), each that woman who has been divorced, is called mutallaqah. According to the religious laws; it aims those wives only, who are free, adult and act of intercourse has been performed with them, not those women who are lawful bondwomen, minor or who have not been touched with any adult male.
 
Yatarab-basna  bi-‘anfusi-hinna – (they shall wait, keeping themselves apart), for instance; it should not be as that hither the husband divorced her wife and thither she wedded any other husband. Likewise, this relationship will become just a game.

Salaasata  quruuu-‘in – {three (monthly) courses}, literal meaning of qur’ is only a specified period but here it means menstruation.

Maa khalaqAllaahu – (which Allah has created), the thing which is in the womb, that is to say; if she is pregnant then she should not conceal her pregnancy.

It has been mentioned in this verse that if the husband has divorced her wife then that woman should not marry immediately another husband. Moreover she would have to wait not less than three (monthly) courses. There are many advisabilities for example; the husband gets chance of consideration and meditation with cool heart. On the other side; the belief regarding pregnancy becomes matured. Like this, the children of one person can’t get the other. So, it is duty of the woman that she should disclose which is in her belly.

This term is called ‘iddat in the Divine law of the Religion. As though; two lessons have been commanded here:

-       It is reasonable to wait for a specified period after divorce. 

-       If she is pregnant then she should not conceal but disclose it. There are uncountable moral and social advantages in these both orders.  

The matters which are being discussed continuously regarding divorce in this part of Holy Qur’an, demand our special attention, because in the present epoch; the divorce has become a joke in the world. A few women would be in the West who don’t get divorce, and they are tyrannized in the East but are not divorced. There is a dire need to publicize this temperate teaching of Islam nowadays. 
           

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)