Surah 2. Al-Baqara, Ayah 229
| الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ |
| Transliteration | : | at.- t.alaaq marrataan fa- imsaak bi- macrof 'aw tasreh. bi- ih.saan wa- laa yah.ill la- -kum 'an ta'khudho min maa 'aataytumo -hunna shay'(an) 'illaa 'an yakhaafaa 'an laa yuqemaa h.udod 'allaah fa- 'in khiftum 'an laa yuqemaa h.udod 'allaah fa- laa junaah. calay -himaa fe maa iftadat bi- -hi tilka h.udod 'allaah fa- laa tactado -haa wa- man yatacadd h.udod 'allaah fa- 'olaa'ika hum az.- z.aalimon |
| Pickthall | : | Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrongdoers. |
| Asad | : | A divorce may be [revoked] twice, whereupon the marriage must either be resumed in fairness or dissolved in a goodly manner.217 And it is not lawful for you to take back anything of what you have ever given to your wives unless both [partners] have cause to fear that they may not be able to keep within the bounds set by God: hence, if you have cause to fear that the two may not be able to keep within the bounds set by God, there shall be no sin upon either of them for what the wife may give up [to her husband] in order to free herself.218 These are the bounds set by God; do not, then, transgress them: for they who transgress the bounds set by God - it is they, they who are evildoers! |
| Malik | : | Pronouncement of revocable divorce is only allowed twice: then she should be allowed to stay with honor or let go with kindness after the third pronouncement. It is not lawful for husbands to take anything back which they have given them except when both parties fear that they may not be able to follow the limits set by Allah; then if you fear that they both will not be able to keep the limits of Allah, there is no blame if, by mutual agreement the wife compensates the husband to obtain divorce. These are the limits set by Allah; do not transgress them, and those who transgress the limits of Allah are the wrongdoers. |
| Yusuf Ali | : | A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others). 256 257 258 259 |
Note - 217Lit., "whereupon either retention in fairness or release
in a goodly manner". In other words, a third
pronouncement of divorce makes it final and irrevocable.
|
Note - 218All authorities agree in that this verse relates to the
unconditional right on the part of the wife to obtain a
divorce from her husband; such a dissolution of marriage
at the wife's instance is called khul'. There exist a
number of highly-authenticated Traditions to the effect
that the wife of Thabit ibn Qays, Jamilah, came to the
Prophet and demanded a divorce from her husband on the
ground that, in spite of his irreproachable character and
behaviour, she "disliked him as she would dislike falling
into unbelief after having accepted Islam". Thereupon the
Prophet ordained that she should return to Thabit the
garden which he has given her as her dower (mahr) at the
time of their wedding, and decreed that the marriage
should be dissolved. (Several variants of this Tradition
have been recorded by Bukhari, Nasa'i, Tirmidhi, Ibn
Majah and Bayhaqi, on the authority of Ibn 'Abbas.)
Similar Traditions, handed down on the authority of
'A'ishah and relating to a woman called Hubaybah bint
Sahl, are to be found in the Muwatta' of Imam Malik, in
the Musnad of Imam Ahmad, and in the compilations of
Nasa'i and Abu Da'ud (in one variant, the latter gives
the woman's name as Hafsah bint Sahl). In accordance with
these Traditions, Islamic Law stipulates that whenever a
marriage is dissolved at the wife's instance without any
offence on the part of the husband against his marital
obligations, the wife is the contract-breaking party and
must, therefore, return the dower which she received from
him at the time of concluding the marriage: and in this
event "there shall be no sin upon either of them" if the
husband takes back the dower which the wife gives up of
her own free will. An exhaustive discussion of all these
Traditions and their legal implications is found in Nayl
al-Awtar VII, pp. 34-41. For a summary of the relevant
views of the various schools of Islamic jurisprudence,
see Bidayat al-Mujtahid II, pp. 54-57.
|
Note - 256Where divorce for mutual incompatibility is allowed,
there is danger that the parties might act hastily, then
repent, and again wish to separate. To prevent such
caprisious action repeatedly, a limit is prescribed. Two
divorces (with a reconciliation between) are allowed.
After that the parties must definitely make up their
minds, either to dissolve their union permanently, or to
live honourable lives together in mutual love and
forbearance - to "hold together on equitable terms,"
neither party worrying the other nor grumbling or evading
the duties and responsibilities of marriage.
|
Note - 257If a separation is inevitable, the parties should not
throw mud at each other, but recognise what is right and
honourable on a consideration of all the circumstances.
In any case a man is not allowed to ask back for any
gifts or property he may have given to the wife. This is
for the protection of the economically weaker sex. Lest
that protective provision itself work against the woman's
freedom, an exception is made in the next clause.
|
Note - 258All the prohibitions and limits prescribed here are in
the interest of good and honourable lives for both sides,
and in the interests of a clean and honourable social
life, without public or private scandals. If there is
any fear that in safeguarding her economic rights, her
very freedom of person may suffer, the husband refusing
the dissolution of marriage, and perhaps treating her
with cruelty, then, in such exceptional cases, it is
permissible to give some material consideration to the
husband, but the need and equity of this should be
submitted to the judgment of impartial judges, i.e.,
properly constituted courts. A divorce of this kind is
called khula.
|
Note - 259Wrong (themselves as well as others): Zalimun: for the
root meaning of zulm see n. 51. ii. 35.
|
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Lit., "whereupon either retention in fairness or release in a goodly manner". In other words, a third pronouncement of divorce makes it final and irrevocable. |
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All authorities agree in that this verse relates to the unconditional right on the part of the wife to obtain a divorce from her husband; such a dissolution of marriage at the wife's instance is called khul'. There exist a number of highly-authenticated Traditions to the effect that the wife of Thabit ibn Qays, Jamilah, came to the Prophet and demanded a divorce from her husband on the ground that, in spite of his irreproachable character and behaviour, she "disliked him as she would dislike falling into unbelief after having accepted Islam". Thereupon the Prophet ordained that she should return to Thabit the garden which he has given her as her dower (mahr) at the time of their wedding, and decreed that the marriage should be dissolved. (Several variants of this Tradition have been recorded by Bukhari, Nasa'i, Tirmidhi, Ibn Majah and Bayhaqi, on the authority of Ibn 'Abbas.) Similar Traditions, handed down on the authority of 'A'ishah and relating to a woman called Hubaybah bint Sahl, are to be found in the Muwatta' of Imam Malik, in the Musnad of Imam Ahmad, and in the compilations of Nasa'i and Abu Da'ud (in one variant, the latter gives the woman's name as Hafsah bint Sahl). In accordance with these Traditions, Islamic Law stipulates that whenever a marriage is dissolved at the wife's instance without any offence on the part of the husband against his marital obligations, the wife is the contract-breaking party and must, therefore, return the dower which she received from him at the time of concluding the marriage: and in this event "there shall be no sin upon either of them" if the husband takes back the dower which the wife gives up of her own free will. An exhaustive discussion of all these Traditions and their legal implications is found in Nayl al-Awtar VII, pp. 34-41. For a summary of the relevant views of the various schools of Islamic jurisprudence, see Bidayat al-Mujtahid II, pp. 54-57. |
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Where divorce for mutual incompatibility is allowed, there is danger that the parties might act hastily, then repent, and again wish to separate. To prevent such caprisious action repeatedly, a limit is prescribed. Two divorces (with a reconciliation between) are allowed. After that the parties must definitely make up their minds, either to dissolve their union permanently, or to live honourable lives together in mutual love and forbearance - to "hold together on equitable terms," neither party worrying the other nor grumbling or evading the duties and responsibilities of marriage. |
| |
If a separation is inevitable, the parties should not throw mud at each other, but recognise what is right and honourable on a consideration of all the circumstances. In any case a man is not allowed to ask back for any gifts or property he may have given to the wife. This is for the protection of the economically weaker sex. Lest that protective provision itself work against the woman's freedom, an exception is made in the next clause. |
| |
All the prohibitions and limits prescribed here are in the interest of good and honourable lives for both sides, and in the interests of a clean and honourable social life, without public or private scandals. If there is any fear that in safeguarding her economic rights, her very freedom of person may suffer, the husband refusing the dissolution of marriage, and perhaps treating her with cruelty, then, in such exceptional cases, it is permissible to give some material consideration to the husband, but the need and equity of this should be submitted to the judgment of impartial judges, i.e., properly constituted courts. A divorce of this kind is called khula. |
