Surah 1-2 - YasSarNal QuR'aN

Al-Baqarah (The Cow) | THE FAMILY: THE FOUNDATION OF HUMAN SOCIETYThe next set of rules relates to the number of times divorce can take place and thewife’s full entitlement to her dowry, except in the case when a wife buys herself outof a marriage she feels she could not sustain for fear that she might commit an act ofdisobedience to God. Under such circumstances, a wife may forgo part of her dowryor make an agreed settlement in order to release herself when her husband isunwilling to divorce her.The sūrah says: “Divorce may be [revoked] twice, whereupon a woman may either beretained in fairness or released with kindness. It is unlawful for you to take back from womenanything of what you have given them [as dowry], unless they both [husband and wife] fearthat they may not be able to keep within the bounds set by God. If you have cause to fear thatthey would not be able to keep within the bounds set by God, it shall be no offence for either ofthem if she gives up whatever she may in order to free herself These are the bounds set by God;do not, then, transgress them. Those who transgress the bounds set by God are wrongdoersindeed.” (Verse 229)Couples are allowed to divorce and revoke their divorce twice before thecondition stated in the next verse applies. Under this provision, remarriage with athree-times divorced wife cannot take place except in the case when she legallymarries another husband who may subsequently, and in the normal course of events,divorce her. Should this take place normally, without it being pre-arranged, thewoman and her first husband may be re-married, if they believe that by now they areable to make their marriage successful.The background to this ruling is that in pre-Islamic Arabia no limitation was seton the number of times divorce could take place. Men would marry, divorce andremarry the same woman, virtually at will. When a man from Madinah had fallenout with his wife and grew to dislike her intensely, he vowed that he would neitherkeep her nor let her go; he would divorce her and then take her back just before herwaiting period had elapsed. The woman complained to the Prophet Muĥammad, towhom this verse was then revealed.This is another example of the prudent and propitious method the Qur’ān hadadopted in providing the Muslims with the rulings and directions they needed toorganize their community. This approach continued throughout the period of therevelation of the Qur’ān until all the main provisions of the Islamic code were fullylaid down, enabling succeeding generations of Muslims to live by their guidance andprinciples.Limiting the number of times divorce can be revoked prevents its abuse. The firsttime a man divorces his wife he would be entitled, without the need for anyformalities, to take her back anytime during her waiting period. If this periodelapses, the divorce would become final and a fresh marriage contract, with a freshdowry, would have to be entered into. In both cases, the husband is allowed one304