O You Who Believe

62)

"O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release."

[Al-Ahzab 33:49]

This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.

Nikah is a term, which either implies only contract of marriage, or intercourse after the contract of marriage; but it has nowhere been used for intercourse outside marriage. This kind of intercourse has been called zina (adultery) by the Quran and Sunnah and not nikah.

Although the word “believing women” has been used, which apparently may give the impression that the law enunciated in this verse is not applicable to the women of the people of the Book, yet all scholars are agreed that this very injunction is applicable to them also. That is, in case a Muslim has married such a woman, all the injunctions relating to her divorce, dower, waiting-period (iddat) and provision at divorce are the same as of marriage with a believing woman. The scholars have also agreed that Allah’s mentioning of the believing women here in particular is actually meant to tell the Muslims that only the believing women are suitable for them. That is, although it is permissible for them to marry Jewish and Christian women, it is not proper and commendable. In other words, the Quran seems to impress that Allah expects that the believers would marry only the believing women.

The command regarding iddah (prescribed period for divorce) is; if a woman is divorced before the marriage is consummated, she does not have to observe the 'Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an 'Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.

The present or gift here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:

"And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that."

[Al-Baqarah 2:237]

"There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good."

[Al-Baqarah 2:236]

Releasing them graciously implies that even if a marriage is being broken, the male should send off the female gracefully i.e without taunts, hindrance and fights. Once the decision to separate is finalized, both members should be tolerant towards eachother till they part.

Things we learnt:

> A divorce with a believing or a woman of the Scripture, in the case that the marriage has not been consummated, there is no requirement for the woman to maintain iddah (time prescribed for divorce) and can marry whoever she wants to immediately.

> And when the time to divorce comes, Allah commands His servants to release their women graciously and give them some count according to her needs. This method prevents fighting and tests a person's tolerating abilities.

May Allah guide us to the right path.
Ameen.
Wama alayna illal balaghul mubeen.