Please enable JavaScript.
Coggle requires JavaScript to display documents.
65. Surah Aṭ-Ṭalâq - Divorce - Coggle Diagram
65. Surah Aṭ-Ṭalâq - Divorce
Background
Medinan sûrah
Further to the general laws previously mentioned in Sūrat al-Baqarah and al-Nisā’, this surah is a continuation of the family law for the community.
also known as
Surah an-Nisa As-Sughra
i.e. the shorter Surah an-Nisa.
Revealed when Abdullah ibn Umar رضی الله عنه divorced his wife while she was menstruating. His father, Umar ibn al-Khattab رضی الله عنه, informed the Prophet ﷺ, who became very displeased and commanded him to take her back and wait until she was pure to divorce her, if he still wished to do so. opening verses institutionalized this correct procedure.
12 Ayahs
Legislation for all
ummah
of the prophet ﷺ
Surah begins with addressing the Messenger, يَا أَيُّهَا النَّبِيُّ O Prophet ﷺ
followed by second person plural verb
طَلَّقْتُمُ
meaning "when you people divorce women"
rules apply to the entire body of believers
Ayah 1:
"O Prophet ﷺ (tell the believing men of your ummah) When you all (intend to) divorce women, then.."
Foundational rule for initiating a valid, righteous divorce
فَطَلِّقُوۡهُنَّ لِعِدَّتِهِنَّ
Ayah 1:
divorce them with concern for (the beginning of) their waiting period
ʿIddah
'iddah for a
Divorcee
:no_entry: does not menstruate
3. before puberty
three months from the day the divorce was issued
1. pregnancy
waiting period ends with the delivery of her child, regardless of how long or short that period is
2. after menopause
three months from the day the divorce was issued
:check: gets menstrual period
Three cycles ثَلَاثَةَ قُرُوءٍ
of menstruation or purity
Difference of scholarly opinion based on different interpretation of the word
quru’
in Surah Baqarah 2:228
What is
'iddah
?
A
mandatory waiting period
prescribed for a divorced / widowed woman before she can marry another man. She is to avoid from perfume and adornment in this time.
'iddah
for divorce applies
after nikkah is consummated
no waiting period if the married couple did not get privacy with each other after nikah
'iddah for a
Widow
if pregnant - as soon as she delivers
four months and ten days (Al Baqarah 2:234)
Best Practice:
Do not divorce a woman while she is menstruating
For a man to divorce his wife during her menstrual cycle is a sin, yet the divorce is valid and counts
divorce during menstruation would unduly prolong her waiting period and cause further hardship
pronounce divorce in a cycle of purity when there has been no intimacy between spouses
offers clarity regarding any possible pregnancy
Pronounce a single revokeable divorce and pass the waiting period under the same roof so the divorce can be retracted if there develops a willingness to reconcile
وَاتَّقُوا اللّٰهَ رَبَّكُمۡ
and fear Allah, your Lord
Marriage and divorce follow the sacred laws set by Allah
As a last resort, in a fair and dignified manner with Taqwa of Allah
"The most disliked of all permissible deeds to Allah is divorce." Sunan Abi Dawud, Hadith: 2170-2171
Not a source of satisfying anger or revenge
وَاَحۡصُوا الۡعِدَّةَ
and count it accurately
Maintenance and Housing Obligations During Iddah
Residence of divorced women is due on the men during their waiting period
لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ
Do not expel them from
their houses
وَلَا يَخْرُجْنَ
nor should they leave themselves
:warning:
Reflection:
if a woman faces physical danger and fears her safety, she should remove herself from harm, seek advice from sincere people of taqwa and consider her options wisely
Exception
إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ
unless they commit a blatant misconduct / a clear immorality
verbally or physically abusive
adultery
Running away from home
Capacity-Based Financial Support
Ayah 6: Let them live where you live (during their waiting period), according to your means.
Ayah7: Let the man of wealth provide according to his means. As for the one with limited resources, let him provide according to whatever Allah has given him.
Divorce during pregnancy
Ayah 6: And if they are pregnant, spend on them till they give birth to their child
'iddah ends upon delivery
man is not obliged to spend on the woman anymore but responsible to make arrangements for the child's feeding, the woman can ask for a payment to suckle the baby.
even after divorce, parents must consult each other with kindness and Taqwa regarding the upbringing, custody, and future matters of their children
Limits set by Allah
creates possiblity for reconciliation
Ayah 1: "it may be that Allah brings about a new situation thereafter."
Ayah 6: And do not harass them to make their stay unbearable.
Sincere attempt at reconsidering
waiting period is a divinely-mandated cooling-off period during which reconciliation is possible
Islam transformed divorce from an act of anger and impulse into a deliberate, regulated, and humane process which protected the woman from being thrown out onto the street
Ayah 7-10 stern warnings for overstepping Allah's limits
especially in matters of divorce, egos can prevail and result in opression
When reaching the end of the
'iddah
term
make the final decision with a cool and calm head whether it is better to retain the wife, or to terminate the marriage with her finally
Ayah 2: either retain them with fairness
Possible in the case of revokable divorce
Ayah 2: make two just men from among you witnesses (of your either decision)
not compulsory but commendable (
mustahabb
)
Ayah 2: or separate from them honourably
Five Blessings of Taqwa
Ayah 2: And whoever is mindful of Allah, He will make a way out for them
Ayah 3: and (And whoever is mindful of Allah, He will) provide for them from sources they could never imagine
Ayah 4: And whoever is mindful of Allah, He will make their matters easy for them.
Ayah 5: And whoever is mindful of Allah, He will wipe out their sins
Ayah 5: and reward them immensely
Ayah 11: The message of the Quran, taught by Allah's Messenger is intended to bring people out of the darknesses of their own egos and oppression toward the light of guidance