سورة الطلاق    

Surah Name: At-Talaq Meaning: The Divorce

  • Revealed at Madinah
  • Total Number of Rukū / Sections 2
  • Total Number of Āyāt / Parts 12
  • Sūrah / Chapter number 65
  • Rukū / Section 1 contains Āyāt / Parts 7
  • Siparah/ Volume 28

bismillah

يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاء فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًا

Ya ayyuha a(l)nnabiyyu itha tallaqtumu a(l)nnisaa fatalliqoohunna liAAiddatihinna waahsoo alAAiddata wa(i)ttaqoo Allaha rabbakum la tukhrijoohunna min buyootihinna wala yakhrujna illa an yateena bifahishatin mubayyinatin watilka hudoodu Allahi waman yataAAadda hudooda Allahi faqad thalama nafsahu la tadree laAAalla Allaha yuhdithu baAAda thalika amra(n)

O’ Prophet-SW! When you divorce women, divorce them before their waiting-period, and count their waiting-period; and fear Allah-SWT , your Rabb-SWT . And do not drive them out of their houses, nor should they themselves go forth, unless they commit a flagrant indecency. These are the bounds of Allah-SWT , and he who trespasses the bounds of Allaah-SWT has surely wronged himself. You know not that Hereafter Allaah-SWT may bring something new to pass.

(65:1)

فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا

Faitha balaghna ajalahunna faamsikoohunna bimaAAroofin aw fariqoohunna bimaAAroofin waashhidoo thaway AAadlin minkum waaqeemoo a(l)shshahadata lillahi thalikum yooAAathu bihi man kana yuminu bi(A)llahi wa(a)lyawmi alakhiri waman yattaqi Allaha yajAAal lahu makhraja(n)

Then when they have attained their term, either retain them honourably; or part with them honourably; and take as witnesses two honest men from among you, and set up your testimony for Allaah-SWT.Thus is exhorted he who believes in Allaah-SWT and the Last Day And whoso fears Allah-SWT He-SWT makes an outlet for him.

(65:2)

وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًا

Wayarzuqhu min haythu la yahtasibu waman yatawakkal AAala Allahi fahuwa hasbuhu inna Allaha balighu amrihi qad jaAAala Allahu likulli shayin qadra(n)

And He-SWT provides for him from whence he never reckons. And whoso puts his trust in Allah-SWT , He-SWT will suffice him. Verily Allaah-SWT is sure to attain His-SWT Purpose, and has assigned to everything a measure.

(65:3)

وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْرًا

Wa(a)llaee yaisna mina almaheedi min nisaikum ini irtabtum faAAiddatuhunna thalathatu ashhurin wa(a)llaee lam yahidna waolatu alahmali ajaluhunna an yadaAAna hamlahunna waman yattaqi Allaha yajAAal lahu min amrihi yusra(n)

And as to such of your women as have despaired of menstruation, if you be in doubt thereof, their waiting-period is three months, as also of those who have not yet menstruated. And as to those with burdens, their term is when they have laid down their burden. And whoso fears Allah-SWT , He-SWT has made his affair easy unto himself.

(65:4)

ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَاتِهِ وَيُعْظِمْ لَهُ أَجْرًا

Thalika amru Allahi anzalahu ilaykum waman yattaqi Allaha yukaffir AAanhu sayyiatihi wayuAAthim lahu ajra(n)

That is the Commandment of Allah-SWT , which He-SWT has sent down unto you. And whoso fears Allah-SWT , He-SWT will expiate his misdeeds from him, and will magnify his wage for him.

(65:5)

أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ وَإِن كُنَّ أُولَاتِ حَمْلٍ فَأَنفِقُوا عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُوا بَيْنَكُم بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى

Askinoohunna min haythu sakantum min wujdikum wala tudarroohunna litudayyiqoo AAalayhinna wain kunna olati hamlin faanfiqoo AAalayhinna hatta yadaAAna hamlahunna fain ardaAAna lakum faatoohunna ojoorahunna watamiroo baynakum bimaAAroofin wain taAAasartum fasaturdiAAu lahu okhra

Lodge them wheresoever you are lodging according to your means, and do not hurt them so as to straiten them. And if they are with burden, spend on them until they lay down their burden. Then if they suckle their children for you give them their wage, and take counsel together honourably. And if you make hardship for each other, then another woman shall suckle for him.

(65:6)

لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا

Liyunfiq thoo saAAatin min saAAatihi waman qudira AAalayhi rizquhu falyunfiq mimma atahu Allahu la yukallifu Allahu nafsan illa ma ataha sayajAAalu Allahu baAAda AAusrin yusra(n)

Let the affluent spend according to his means, and whoso is stinted in his subsistence, let him spend of what Allaah-SWT has given him. Allaah-SWT does not task any soul except according to what He-SWT has vouchsafed it. Allaah-SWT will soon appoint ease for hardship.

(65:7)
In The Name of Allah-SWT the Most Gracious, The Most Merciful
SECRETS OF REVELATION:

If a Muslim divorces his wife, he is to do it at her 'Iddat, which is to be counted. Allah-SWT's Greatness ought to be in view so that no one is unfair in the matters of divorce. The divorced wife is not to be expelled from her husband's house during 'Iddat, unless she commits a serious offence like deserting the house, abusiveness, etc. It must be borne in mind that these are the limits set by Allaah-SWT and the transgressor shall be cruel to his own self. It is possible that Allaah-SWT materializes a rapprochement even after the divorce. When the divorced woman has completed the 'Iddat and it is time for the final decision, either reconcile with her in the manner prescribed by Shari'ah and the Sunnah, or part honourably. Appoint two witnesses to these proceedings, who should give evidence for Allah-SWT . Allah-SWT Commands those who have faith in Him-SWT and the Akhirah to adhere strictly to the rules of divorce. Allaah-SWT shall facilitate those who fear Him-SWT and provide them through such means as they can never think of. Therefore, scarcity of provisions should not be made a bone of contention, ultimately resulting in divorce. Whatever Allaah-SWT wants it takes place and He-SWT has determined appropriate measure for everything.

 

The 'Iddat for those women who are either too young or too old to menstruate would be three months. If a woman is pregnant, her 'Iddat would last till the child is born. There limits and the rights are to be carefully guarded during 'Iddat. Allaah-SWT will make things easier for those who believe in His-SWT Greatness and endeavour to obey Him-SWT . These are Allah-SWT's Commands revealed for the believers and He-SWT shall forgive the one who strives to abide by them and shall bestow upon him splendid rewards.

                                                                                                                                                      

The divorced wife is entitled to the same privileges during 'Iddat as the husband himself enjoys. It is wrong to tease her through sarcastic remarks, or by withholding her rights. If she is pregnant, her husband is bound to financially support her till the child is born. After that if she agrees to breast-feed the baby, the husband would have to pay her. This fee can be mutually agreed upon, keeping in view the husband's financial resources. If such an agreement cannot be reached, another woman may be employed for breast feeding, so that the rich as well as the poor may spend within their means. Allaah-SWT does not burden any one beyond his strength and can replace scarcity with prosperity and affluence.

 

The Status of Nikah and Divorce in Shari'ah

Nikah is a mode of worship in Islam. All ungodly religions also attach sanctity to the wedlock and perform some rituals. Islam caters for human instinct by providing a beautified and unpolluted outlet for the fulfillment of carnal desires. At the same time it is an excellent system for sustaining the human race and for the proper up bringing of children. It is a life time partnership, which should provide good human beings to the society while sharing weal and woe together. And in the process also qualify for fabulous rewards in the Akhirah. But a situation may arise where it is no longer possible to live together. The law of divorce is for such circumstances. According to the Holy Prophet-SW, among all the legitimate acts divorce is the one most disliked by Allaah-SWT . Should it become inevitable, all Divine laws must be abided by as a part of Din while fearing Allaah-SWT . Imprudent husbands divorce three times in a row, not only making the separation effective but also any reconciliation impossible. The only way for a reunion then is that the divorced wife marries another man after 'Iddat, becomes a widow or is willingly divorced again by the second husband, and after a second 'Iddat, she qualifies for re­marrying the first husband. Pronouncing three divorces in a row is prohibited and the one doing so would be accountable. Mufti Muhammad Shafi-RAU sums up fifteen rules governing the divorce as appended below-

 

Rules

Rule 1: That the 'Iddat is to be observed. A single divorce is to be pronounced just after she is purified of the menstrual period. There will be no sex between her purification and the pronouncement of divorce to facilitate the count of 'Iddat, which would be over when three menstrual cycles are completed. In case the woman does not menstruate due to tender or old age, her 'Iddat would be three months. The 'Iddat of a widow is, however, four months and ten days. In case of pregnancy it would be till the childbirth and would end immediately the child is born.

 

Rule 2: That the days of 'Iddat are to be counted formally.

 

Rule 3: Allah-SWT has given the divorced wife the right to stay in her home during 'Iddat, which will be no favour to her. The husband must allow her and she must stay, for it is a command of Shari'ah.

 

Rule 4: If she immodestly leaves at her own, or is so pugnacious and abusive that it becomes difficult to keep her, or if she does not refrain from adultery etc, her expulsion would be permissible.

 

Rule 5: Some opportunity of reconciliation may emerge if she stays at home during 'Iddat. If within this period the couple reconciles, a reunion is immediately affected. But once it is over and there are no plans of reunion, she is to be willingly allowed to depart. The divorce shall automatically take place. The woman must be given due respect at the parting by offering her gifts so that the divorce does not brood enmity and the possibility of a reunion through fresh Nikah in accordance with Shari'ah, is not ruled out.

 

Take note that the woman Divorced Thrice in a Row becomes forbidden for her husband. There is, then, no way of a reunion except as stated earlier, which is often not possible. The whole Ummah, barring a few Ahl-e-Hadith and Shi'ites, unanimously endorse this aspect.

 

Rule 6:   The reconciliation or the parting, whatever is adopted, must be in an honourable manner fearing Allaah-SWT .

 

Rule 7:   The divorce is always given in a way as to keep open the option to reconcile.

 

Rule 8:  Two reliable witnesses are present.

 

Rule 9:  The term is the menstrual period as discussed above.

 

Rule 10: The woman is not teased during 'Iddat and is allowed a respectable stay.

 

Rule 11: To provide the maintenance expenses of his wife during 'Iddat, is mandatory for the husband irrespective of whether he divorced her or she demanded it herself. The latter is termed Khulah whereby the wife applies to the Court to obtain divorce in according with Shari'ah.

 

Rule 12: If the divorcee gives birth to a child, she has the legal right to receive her wages in lieu of breast feeding the baby, though the husband is not otherwise responsible for her expenses after 'Iddat.

 

Rule 13: The said wages are to be mutually settled in the light of husband' financial status.

 

Rule 14: If a settlement on the wages is not possible or if the mother is unwilling to feed the baby, another woman may be hired for the purpose, who may agree to feed free or charge a lesser amount. However, the baby shall not be separated from the mother and the hired woman shall feed the baby at its mother's place.

 

Rule: 15: That the husband's financial position must be kept in view while fixing the said wages. If well off, he should pay generously to please Allaah-SWT and if not, the woman should make concession fearing Allaah-SWT

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