Monday, February 22, 2016

Women’s right of ransom & form of reconciliation

Women’s right of ransom & form of reconciliation

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)
Stage – 1, Verses – 229b & 230 of 286, Section – 29 of 40 (Part - 2)

In the name of God, the Beneficent, the Merciful

229b.  And if ye fear that ye may not be able to keep the limits of Allah, in that case it is no sin on either if the woman ransom herself. These are the limits (imposed by) Allah, transgress them not. And whoso transgresseth Allah’s limits, such are wrongdoers.
229b.  Fa-‘in  khiftum  ‘allaa  yuqiimaa  Huduudallaahi,  falaa  junaaha  ’alayhimaa  fiimaf-tadat  bih.  Tilka  Huduudullaahi  falaa ta’-taduuhaa.  Wa  many-yata-‘adda  Huduudallaahi  fa-‘ulaaa-‘ika  humuz-zaalimuun.  


Reason of revelation of this verse is that a woman came in the court of Last Messenger (grace, glory, blessings and peace be upon him) and requested that she was displeased from her husband. She did not want to live in her husband’s house. Messenger of God Almighty (grace, glory, blessings and peace be upon him) asked about its reason. She answered, “My husband does neither neglect in performing my rights and nor I have any objection on his manners and customs. But I naturally hate him. I don’t want to see his figure. If I would not have the fear of Islam, then I wished to spit on his face”. The Messenger (grace, glory, blessings and peace be upon him) caused to return the dower (Maher) and divorce her.

It has been commanded by Allah Almighty in this verse to the Muslims that if they have fear that the husband and wife are displeased from one another, and they may not live together, then there is no sin for them if they become separate. The woman can set free herself from marriage returning dower to her husband and the husband can get back that wealth. The name of this particular form of divorce (desirous of which is the woman) is called Khula’ (a kind of divorce which is a right of the woman to let free from marriage). Instructions about Khula’ are available in the books of ‘the religious laws’ in detail.

It is evident from this verse that Islam commands us in every matter for correction and betterment of our families, domestic affairs and social relations. If a man is displeased from his wife and considers it difficult to live together with his wife then he can get freedom from her. Like this if the wife thinks that it is impossible to live in her husband’s home then she also can get freedom from her husband. Purpose of this is only correction of affairs in each form, making the marriage relations better as it may be possible somehow or other. In the last it has been warned that these are the limits and conditions (imposed by) Allah, so transgress them not because transgressing these limits is very big sin. Islam desires that the world’s society should be established on goodness and God fearing. Nobody should tyrannize or oppress any other. These limitations are called HuduudUllaah.

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230.  And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. And these are the limits of Allah; He manifesteth them for people who have knowledge.       
230.  Fa-‘in-  tallaqahaa  falaa  tahillu  lahuu  mim- ba’-du  hattaa  tankiha  zawjan  gayrah.  Fa-‘in  tallaqahaa    falaa  junaaha  ‘alay-himaaa ‘any-yataraaja-‘aaa  ‘in  zannaaa  ‘any-yuqiimaa  Huduu-dAllaah.  Wa  tilka  HuduudUllaahi  yubayyi-nuhaa  liqawminy-ya’-lamuun.      


mim- ba’-du – (thereafter), it means after the third divorce.

Tankiha – (she has wedded), this word has been derived from Nikaah which means marriage. It has been commanded in this verse that after the third divorce the divorced woman will not be lawful for her first husband till the time she doesn’t wed any other individual and get divorce from her second husband. Here the word “tankiha” has not been used for the idiomatically meaning as wedding, but it has been used here for its original and literal meaning as ‘intercourse’, because only understood meaning of the marriage has already come out from zawjan,  so the aim from the word tankiha is to declare intercourse after marriage knot and that is its literal meaning.

‘in  zannaaa – (if they consider), that is to say; if they have intention and reliance that thereafter they might be live together with correction and beauty.

It has been stated in this verse that if the husband doesn’t reconcile after first two divorces then now at the third time namely after the two divorces three months are sufficient for set them make a truce, meditation and consideration. After the third divorce the husband cannot revoke the divorce of that woman who was his wife earlier. Moreover it is not possible that they wed again except in case that the woman wed any other person after passing the term (‘iddat) period (three months) and after intercourse, that second husband either divorces her with his pleasure or dies, and three months/four months & ten days respectively of the term (‘iddat) period expires.     

It has already been mentioned that Islamic Divine Law doesn’t like the divorce certainly, so restrictions of various sorts have been imposed in this matter, and it has been instructed, “Meditate and understand thoroughly before divorce”. Islam provided many opportunities so that they may concord again, but after expiry of all these stages, while the divorce has been finalized, then now there is no chance of concession. Now the husband can’t get back again his wife easily. 

Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore