Another aspect of divorce is discussed here, i.e. when a man divorces his wife before the consummation of marriage. Now either the dower has been already fixed or it is yet to be decided. In latter case, he must give her something in accordance with his status. Hadhrat Hassan-RUA is reported to have paid twenty thousand ‘Dirhams’ in a similar situation. According to Hadhrat Ibn ' Abbas-RUA, the minimum amount of this is a pair of clothes.
The Meaning of Mut’a
The word Mut'a here clearly means some provisions to the lady where the marriage ended up in a divorce before consummation of the marriage. But it is a pity that the Shi'ite clerics gave it a wrong meaning altogether, defining it as wages to a woman for lewdness and debauchery, a custom of the polytheists of Arabia, revoked by Islam. They did not even fear Allaah-SWT while blaspheming Islam. ‘Lughat ul-Quran’ (vol. 5 p. 296) clearly defines the word Mut'a as the amount paid to a woman divorced before the consummation of marriage for subsistence or as a gift where dower has not been fixed, and not as something given o a woman for fornication. What an enormity on Allah-SWT's Book? May Allah-SWT protect us all!
This giving must be done honourably, neither for any vested interests nor fame, but only for the attainment of Allah-SWT's Pleasure, being incumbent on noble and sincere people i.e. the Muslims. Here it is expected from every Muslim that he possesses ‘Ihsan’. In other words, ‘Ihsan’ is indeed the essence of faith, which simply means that a person recognises the Majesty of Allaah-SWT with his heart and soul, according to his capacity. With reference to Hadlth Jibril-AS, the Holy Prophet-SW is reported to have said that ‘Ihsan’ means that you worship Allah-SWT as if you behold Him-SWT , or else be sure that He-SWT is seeing you".
To handle all such matters gracefully one needs that intense inner strength which Islam desires to see in every Muslim. And this is attained by Allah-SWT's zikr in the company of accomplished saints. The illumination of ‘Qulub’ is a blessing attained through the company of saints, while mere words remain confined to logic and intellect. The ‘Qulb’is the seat of emotions and feelings and is not dependent on words. Don't ‘Qulub’ of the deaf and the dumb experience happiness and sorrow? They certainly do, despite the fact that they have no understanding of the words and meanings. When the ‘Qalb’ absorbs the feelings, meanings of the words are automatically understood and the execution becomes easy.
That is why the foremost amongst the duties of the Holy Prophet-SW ‘Tazkiyah’ followed by the teaching of the Book and the wisdom. The blessing of his-SW company honoured the recipients with Companionship and when it snapped no one could become a Companion-RAU, though the Book and the wisdom were still there. However, the company of the Companions-RAU transmitted the blessing to the ‘Taba'in’ and they, in turn transferred them to ‘Taba' Taba'in’. This chain of transmission continues from ‘Qalb’ to ‘Qalb’ till the present times. The present custodians of those blesssings are the accomplished saints whose company is a prerequisite for perfection of Islam, both in precept and practice.
Now, the other aspect of divorce, before consummation of marriage, where the dower money was predetermined, in this case, the payment of half the amount will be incumbent while the other half will be exempted. However, if the woman voluntarily forgoes the entire amount, the obligation is liquidated. But if the husband, who has the authority to continue the marriage, decides to forgo the exemption given to him and out of goodwill pays the whole amount, it is indeed commendable. The best course of action is a cheerful renunciation of one's right and whosoever does this, whether man or woman shall attain virtue, which is nearest to ‘Taqwa’.
To do good unto others to please Allaah-SWT strengthens the bond with Him-SWT and must never be ignored. Whether the marriage stands or is annulled, both husband and wife must remember that they are Muslims and have rights over one another. They must show mutual consideration and remember that Allaah-SWT is well aware of all their actions. Every action is either an act of His-SWT obedience or disobedience; and the latter certainly does not benefit a Muslim. Allaah-SWT must always be obeyed, as obedience is the essence of worship. To maintain this state of inner strength, a careful execution of duties is imperative.
To fulfill the duties towards human beings, the fear of Allaah-SWT is a prerequisite. And how can anyone, delinquent in his duties towards Allah-SWT , be God-fearing? To build a relationship with Him-SWT , one must guard his Salat and offer it with devotion. The 'guarding of the ‘Salat' means that-not even the minutest of its constituents are ignored. It involves observation of time schedule, proper raiment, careful ablution and efforts to join the congregation. The middle i.e. ‘Asr’ prayer must be well guarded as it is preceded by the beginning and followed by the end of the day, and has two ‘Salat’, before and after it. And it is a time of great activity. From offices to meadows; the officers as well as the shepherds are reverting to their homes. Shopkeepers are occupied with their merchandise, while women are busy preparing dinner. Amidst this humming activity if 'Asr’ is offered properly the rest of the ‘Salat’ will In-sha-Allahbecome easier to offer. Offering the ‘Salat\ with full devotion is not only to fulfill a duty but also to attain those feelings, which help build a relationship with Allah-SWT .
‘Salat’ is not only an act of worship but is a food for the Spirit, as well as its medication. It is indeed necessary that both the diet as well as the medicine are pure and well guarded. And if there is a danger or you are in a battlefield, you offer the ‘Salat’ either standing or even on a mount, but do not miss it and
punctual. The scholars opine that if it is not possible to offer ‘Salat’ while standing at one place it may be postponed. If it is offered while standing, the gesture to show ‘Sajdah’ must be lower than the gesture for bowing down. The aim is to offer the ‘Salat’ on time fulfilling the conditions as far as possible. This will pave the way to Allah-SWT‘s obedience.
The Order to Bequeath
This order was valid in the earlier period of Islam, prior to the revelation of the law of inheritance. But once the latter was revealed and a definite share of the widows determined, it was revoked. At that time the right to inherit was primarily based on the whims of the dying. Therefore, it was ordained that the wife must not be ignored while making a will. If she desires to stay on in her husband's house, he must bequeath in her favour one year's maintenance expenses from his estate. But if she decides, of her own accord, to marry again after the prescribed waiting period is over in accordance with Shari'ah, or leaves the house of her deceased husband honourably, there is no blame on the heirs as it was her right. If, however, she plans to do something contrary to Shari'ah such as to get married during the obligatory waiting period, she must be prevented from doing so, failing which, those in authority will be wrongdoers and certainly accountable.
"For divorced woman a provision in honour" i.e. all the aforementioned injunctions aim at providing a reasonable sustenance for the divorced woman and to a great extent at their consolation and preservation of self-respect. This is derived from Mut'a that the women have their rights as human beings which ought to be safeguarded and that a divorced woman must not be looked down upon, as is customary in our society, because of Hindu influence. This word "Mut'a is used for giving something to those women who were married with the intention of a permanent association, but due to some unavoidable circumstances, the separation became inevitable; and not that a woman is married for a predetermined period of time after which the marriage stands revoked automatically, and on top of it there is no need of witnesses. This practice is forbidden in Shari'ah and to derive such meaning from the term Mut'a tantamounts to misinterpretation of the Quran. Obeying all the laws pertaining to marriage and divorce is obligatory for all those who fear Allah-SWT, who believe in Him-SWT and are virtuous. Allaah-SWT revealed His-SWT Commandments so that the righteous may learn the etiquettes for an honourable life in this world. So that people may acquire wisdom and their society may become an ideal society.
