The exegesis of Divine verses, particularly those addressing familial and societal rulings, opens a profound window to understanding the divine wisdom in organising human relationships. Verse 228 of Surah Al-Baqarah, which concerns the subject of divorce and the 'iddah (waiting period) of women, stands as a pivotal verse that not only elucidates jurisprudential injunctions but, through a profound examination of psychological, social, and ethical dimensions, reveals the exalted status of women within the divine creation and Islamic Shariah system. This treatise, aggregating the relevant lecture contents, undertakes an analytical study of this verse in an academic and dignified manner, employing literary allegories and metaphors to present the concepts clearly and compellingly to specialised audiences.
"And divorced women shall wait [as regards their marriage] for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have more right to take them back in that period if they desire reconciliation."
Verse Text and Translation
The divorced women must observe waiting for themselves three menstrual cycles; it is not permissible for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands are more entitled to reconcile and take them back during that period, should they desire reform.
Significance of the Verse in the Jurisprudential and Social System
Verse 2:228 of Surah Al-Baqarah occupies a special position in Islamic jurisprudence and society due to its attention to rulings concerning divorce, iddah, and women-related issues. This verse not only delineates the legal framework of divorce but, with a comprehensive view of women's roles in preserving familial and societal cohesion, demonstrates divine wisdom in regulating human relationships.
This verse, akin to a jewel among legal injunctions, explicates the rulings of divorce and waiting periods with finesse, focusing on the dimensions of womens creation, family, and social status. Its importance lies in not only organising spousal relations but also safeguarding women's dignity as a fundamental pillar in the familial and social system.
Lexical Analysis: The Meaning of "Al-Mutallaqt" and "Tatliq"
The term "Al-Mutallaqt" refers to divorced women and is derived from the verbal noun "Tatliq" (in the fail form II), which means to release or to set free. This derivation introduces divorce as a legal act that terminates the bond of marriage but under precise conditions that prevent chaos in family relations.
The word "Talq" as the result of the action "Tatliq" denotes women who are released or separated. This concept acts as a key that unlocks a lock, permitting the termination of the matrimonial bond in compliance with religious stipulations. This verse specifically refers to revocable divorce (alq raj), which allows spouses to reconcile within the iddah period, thereby distinguishing it from irrevocable (bin) divorce or other types of separation.
Jurisprudential Precision in Divorce Rulings
Divorce in Islam, although seemingly straightforward, is governed by meticulous precision. If, after years, it is discovered that the witnesses to the divorce were not just, the divorce and subsequent marriages are annulled. This real weight differentiates divorce from rulings such as congregational prayer, which rely on apparent justice.
Divorce is a double-edged sword, on one hand permitting ease of execution, and on the other hand, maintaining family and social order with stringent regulations. For instance, if the witnesses present during the divorce pronouncement are not just, even after many years, the divorce is null and its legal consequences, including subsequent marriages, become invalid. This precision exemplifies the importance Islam places on preserving the rights of spouses and children within its legal framework.
Comparison of Divorce and Marriage Contract Regarding Witnesses
Unlike divorce, which requires just witnesses, the marriage contract does not require witnesses. This distinction arises from the profound effects divorce has on individuals rights, necessitating stricter oversight.
The marriage contract, like a seed resting peacefully in the soil, forms by mutual consent of the parties and does not mandatorily require witnesses; however, divorce, due to its extensive repercussions, mandates the presence of just witnesses. In early societies, witnessing marriage was recommended to prevent denial, but with official documentation today, this recommendation has diminished in prominence.
Critique of the Absence of Dedicated Resources for Women
Religious knowledge, despite the importance of womens issues, lacks comprehensive resources specifically titled Kitb al-Nis (Book of Women). This deficiency highlights the necessity for revisiting traditional approaches and dedicating specialised attention to womens matters.
Women, akin to half of the sky of humanity, hold a fundamental role in social and familial cohesion, yet religious sciences historically have seldom compiled dedicated sources addressing them exclusively. This shortcoming casts a shadow over half of the truth and requires revision and compilation of works that specifically address womens issues.
Critique of Illogical Views Concerning Women
Some traditional viewpoints regard menstruation and iddah as deficiencies or divine punishments for women, which contradicts the wisdom of creation. These phenomena are indicators of the perfection of womens creation and their role in the perpetuation of human life.
Menstruation and iddah, like a life-giving stream in the river of creation, are not flaws but signs of divine perfection in womens creation. Perspectives that consider these matters as punishments or sins deviate from the logic of divine wisdom and require correction. This critique invites a re-examination of religious texts with a deeper and fairer perspective.
The Meaning of "Yatarabbana" and the Concept of Iddah
The verb "يَتَرَبَّصْنَ" (yatarabbana) stems from the root "ربص" (r-b-), signifying an expectation with attention. Divorced women are obligated to observe iddah (three menstrual cycles) carefully, reflecting their responsibility in maintaining legal order.
The iddah acts as a bridge between a womans past and future, inviting contemplation and reassessment of the divorce decision. This attentive waiting calls women to count the menstrual cycles precisely so that legal and social order is preserved.
The Meaning of "Qur" and Its Distinction from ahr
The term "قُرُوءٍ" (qur) denotes menstrual cycles, not pure (ahr) periods. This interpretation rejects synonymy in the root q-r- and emphasises counting menstrual periods to avoid ambiguity in iddah rulings.
"Qur" serves as markers on the calendar of womens lives, compelling them to count these periods with precision. This lexical precision functions like a lamp illuminating the path amid jurisprudential complexities.
Trust in Womens Declaration of Menstruation
The Quran entrusts women regarding the declaration of menstruation or pregnancy but forbids concealment. This trust elevates womens position in the jurisprudential system.
This trust, akin to entrusting a precious jewel to womens hands, demonstrates respect for their dignity and responsibility. However, the verses emphasis on forbidding concealment calls women to honesty in this critical matter.
Psychological and Social Dimensions of Iddah
Beyond confirming non-pregnancy, iddah provides an opportunity for women to return to a normal psychological and emotional state. This period prevents psychological exhaustion caused by premature remarriage after divorce.
Iddah resembles a garden that allows a woman to recover from the emotional storm of divorce and regain tranquility. This period, considering womens emotional delicacy, averts rapid emotional changes and preserves their mental health.
Priority of the First Husband in Reconciliation
The first husband holds priority to reconcile during the iddah period, as this return entails less psychological exhaustion for the woman. This priority demonstrates divine wisdom in maintaining familial stability.
This priority, like returning to a familiar home, prevents psychological friction caused by bonding with a new husband and protects women against swift emotional upheavals.
Critique of the Consumerist Culture Regarding Women
Viewing women as mere consumable tools within the household contradicts Islamic culture. Regulations such as ujrat al-mithl (equitable compensation) reduce womens status to that of domestic workers and necessitate re-evaluation.
Women are not servants of the home but life partners and pillars of the family. Laws that position them as workers demean a precious jewel and conflict with Islamic wisdom.
The Metaphor of Woman as the Flower of the Universe
Woman, as the flower of the cosmos, should not be over-consumed to avoid withering and psychological and physical exhaustion. This metaphor reveals Islams delicate perspective on women.
A woman, like a flower in the garden of creation, requires care to maintain her freshness and beauty. Islam, through rulings on iddah, pregnancy, and childbirth, prevents premature exhaustion of women and honours them as the beloved of life.
The Word "Biawlatihinna" and the Quranic Rhetorical Depth
The use of "biawlatihinna" (with their awil, husband) instead of "zawjatihinna" (their spouses) emphasises the protective and emotional role of the husband and illustrates the Qurans rhetorical subtlety in word choice.
The term "awil," like a canopy shielding a flower from a storm, denotes the husbands role as a protector and depicts a relationship deeper than mere legal bond.
The exegesis of verse 2:228 of Surah Al-Baqarah is akin to a journey into the depths of divine wisdom in organising familial relationships. This verse, by explicating the rulings on divorce and iddah, not only provides a legal framework for preserving social order but also, with psychological and ethical insight, safeguards the dignity and mental well-being of women. Trust in women regarding their declaration of menstruation status, the priority of the first husband in reconciliation, and critique of the consumerist culture collectively reveal Islams subtlety in addressing womens issues. Critiques of the lack of dedicated sources and erroneous views invite a re-examination of religious sciences and the revival of an authentic perspective on womens status. This exegesis, like a guiding light towards the truth, paves the way for future scholarly research.
Supervised by Sadegh Khademi
