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)
BisMIllaahir-Rahmaanir-Rahiim
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.
|
Lesson
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.
- - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - -
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.
|
Lesson
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
No comments:
Post a Comment