the Lectures of Nekounam , Session (623)
The Holy Qur'an, as the Book of Guidance, meticulously and wisely elucidates the rulings and teachings concerning familial and social relationships. Verses 228 and 229 of Surah Al-Baqarah, which are dedicated to the subject of divorce and the position of women within the legal and social system of Islam, represent a prominent example of this wisdom. These verses, by emphasising the proportionality of the rights and duties of women and men, critique erroneous cultural perspectives and non-Qur'anic impositions on religion, thereby paving the way for the rectification of mistaken interpretations. This treatise, through a profound and scholarly examination of these verses, elucidates the lexical, jurisprudential, and philosophical concepts related to divorce, iddah (waiting period), and the role of women in the system of creation and society. The text is structured into organised and systematic sections to ensure clarity and engagement for specialised audiences.
The Holy Qur'an employs the root -l-q ("divorce") in twenty-three instances, of which nine refer to general meanings such as release and separation, while fourteen pertain specifically to legal divorce. This frequency signifies the special attention the Qur'an accords to divorce as a legal and social institution. Divorce, in the Qur'an, transcends a mere legal act; it embodies a concept with spiritual and social dimensions aimed at regulating familial relations and preserving the dignity of the parties involved.
This Qur'anic emphasis highlights the necessity of addressing the ethical and social aspects of divorce and distances itself from erroneous viewpoints that regard divorce merely as a restriction or limitation.
The root -l-q derives from the verb alaqa, meaning to release, send forth, liberate, or separate. Within the Qur'anic lexicon, this word carries a sacred connotation and aligns with the concept of freedom. Contrary to cultural misconceptions that construe divorce as a form of constraint, the Qur'an presents it as a means of liberation from unhealthy relationships and reforming familial structures.
Regrettably, cultural misunderstandings have transformed this valuable term into a tool of restriction, necessitating a reconsideration of traditional interpretations.
The Holy Qur'an was revealed to guide humanity; however, some erroneous exegeses and interpretations have imposed unreal meanings upon its verses, diverting the religion from its fundamental path. This deviation, particularly concerning divorce, has turned it from an instrument of liberation into a social constraint through the imposition of non-Qur'anic perspectives.
This critique invites a re-examination of exegeses and the elimination of influences from pre-Islamic cultures and unreliable narrations incompatible with the spirit of the Qur'an.
Throughout history, women have suffered injustice in certain religious texts. Numerous narrations and interpretations, influenced by pre-Islamic cultures, have undermined the status of women and propagated views inconsistent with Qur'anic wisdom. This injustice, as a blemish upon religious societies, necessitates reform and reassessment.
This critique underscores the need to re-read religious texts and remove erroneous viewpoints to restore the genuine status of women in Islam.
The term بُعُولَتُهُنَّ (balatuhunna) in verse 228 of Surah Al-Baqarah refers to "their husbands" and is derived from the root bal, which denotes a sturdy, deeply rooted tree. This term signifies the lordship and guardianship of the man within the family. Contrary to zawj, which refers to spouse (male or female), bal is exclusively used for men, emphasising their managerial role.
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا ۚ
Divorced women shall wait concerning themselves 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 are more entitled to take them back in that [period] if they desire reconciliation.
This lexical distinction reflects the Qur'anic perspective on the role of men as family guardians. However, this guardianship is not an intrinsic superiority but an active, managerial responsibility. The Qur'ans lack of the feminine form balah does not imply denial of inherent equality but rather refers to differentiated roles in family management.
Verse 228, with the phrase وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ("and for men is a degree over them"), refers to a one-level superiority of men over women. This "degree" connotes guardianship and managerial responsibility rather than innate superiority. The term darajah, contrasted with dirkah (a decline), implies an active rank, akin to a step that demands movement and responsibility, unlike a peak that connotes permanence and stasis.
This concept emphasises men's accountability and distances itself from any intrinsic superiority, focusing on social and familial roles. The man, as the familys general manager, bears greater responsibilities, which do not imply innate superiority.
Men and women are intrinsically equal, as the Qur'an states: مَنْ ذَكَرٍ أَوْ أُنْثَىٰ ("whether male or female"). Nevertheless, functionally (in roles and responsibilities), differences exist arising from their nature and creation, such as menstruation, pregnancy, and childbirth in women. These differences should not be perceived as deficiencies but as part of Divine wisdom in creation.
The Qur'an, through the phrase وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ, stresses the proportionality of rights and duties of men and women and rejects any erroneous interpretations of these differences.
Verse 228, by stating وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا ("and their husbands are more entitled to take them back in that [period] if they desire reconciliation"), highlights the priority of the former husband in returning to the wife during the iddah period, conditional upon his intention for reform. This priority aids in diminishing the psychological and emotional strain upon the woman.
