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Interpretation of Quran 2:229: Scientific and Ethical Analysis of Divorce Rulings






Scientific and Ethical Analysis of Divorce Rulings: Interpretation of Quran 2:229


Introduction

Verse 229 of Surah Al-Baqarah in the Holy Quran, as one of the pivotal verses delineating the rulings on divorce, presents a logical and ethical framework for regulating familial relationships. This verse, employing a systematic and profound language, not only addresses the permissibility of divorce and the conditions for its implementation, but also, through emphasis on benevolence and observance of divine limits, seeks to reduce violence and fanaticism within religious communities. This treatise, relying on the logical structure of the Holy Quran and a critique of dogmatic culture, analyses this verse alongside its social and ethical consequences. The objective is to provide a comprehensive and academic exegesis that preserves every detail of the original text while adding semantic linkages and supplementary explanations, thereby offering a novel perspective on the rulings of divorce and its role in reforming religious culture.

Section One: The Logical and Systematic Structure of Divorce Rulings in the Holy Quran

Permissibility of Divorce and Quranic Methodology

The Holy Quran, in verse 229 of Surah Al-Baqarah, introduces divorce as a permissible matter within the framework of Sharia law. With a logical and quasi-mathematical structure, it first provides a conceptual and categorical definition of divorce, then elucidates the conditions for its occurrence and the classification of its types. This structure resembles philosophical logic wherein definition precedes classification, and classification follows definition. The Holy Quran defines divorce as "release" or "liberation," subsequently addressing its types (revocable and irrevocable) and conditions of execution, such as observance of benevolence.

The logical structure of the Holy Quran in elucidating divorce rulings demonstrates a systematic and profound pattern comparable to philosophical systems such as the Wisdom Cosmology, indicating a coherent methodology in presenting divine commandments.

This method reflects the depth and precision of the Holy Quran in the presentation of rulings. Divorce, as a key to unlocking unhealthy relationships, is not merely a severance of ties but an opportunity for restoring human dignity and liberating the parties from an untenable commitment.

Definition of Divorce: Release and Liberation

Divorce in this verse is defined as the release and liberation of the parties from the bonds of marriage. This concept, emphasised by the phrase tashreehun bi-ihsn (release with benevolence), insists on performing this release with kindness and good conduct. Divorce, in this view, is not merely the end of a relationship but a process of liberating the parties from a bond whose continuation would violate divine limits or harm human dignity.

Divorce in the Holy Quran transcends mere separation and is defined as release and liberation with benevolence, emphasising the preservation of human dignity and prevention of enmity and violence.

This definition stems from the humanitarian and ethical perspective of the Holy Quran. Contrary to the common misconception that divorce is merely separation, the Holy Quran views it as an opportunity to reconstruct human relationships and create an environment conducive to peaceful coexistence.

Classification of Divorce and Its Limitations

Verse 229 of Surah Al-Baqarah limits revocable divorce to two occurrences and, after the third divorce, introduces the necessity of halala (the wife marrying another individual). This limitation serves as a mechanism to prevent abuse of divorce and to encourage preservation of the marital relationship.

ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـٰنٍ
Divorce [revocable] is twice; thereafter, either retention in a proper manner or release with kindness.

This classification demonstrates the seriousness of the Holy Quran in regulating familial relations. Revocable divorce provides an opportunity for reconsideration and rectification of the relationship, whereas the third divorce requiring halala acts as a warning to those who do not appreciate the freedom and commitment inherent in marriage. This mechanism functions as a shield preventing divorce from becoming a tool of coercion and abuse.

Section Two: Critique of Violence and Dogmatism in Religious Societies

Roots of Violence in Religious Communities

Violence in religious communities stems from dogmatism and the self-superiority of religious groups that consider themselves the sole bearers of truth. This worldview has led to mutual hostility and curses among religions and sects, including Jews, Christians, Shiites, and Sunnis, driving religious societies toward conflict and fanaticism.

Dogmatism, as a towering barrier among religions and sects, obstructs constructive dialogue and peaceful coexistence, thereby reinforcing violence within religious communities.

This violence resembles a fire that consumes the roots of empathy and tolerance. The Holy Quran, emphasising benevolence and observance of divine limits, seeks to extinguish this fire and establish an environment for ethical interaction.

Critique of Dogmatism in Abrahamic Religions

According to a narration from Imam Sadiq (peace be upon him), Jews and Christians each regard the other as false and perceive themselves as right, although neither is entirely correct. This critique addresses the culture of fanaticism and excommunication in Abrahamic religions.

يَقُولُ ٱلۡيَهُودُ لَيۡسَ ٱلنَّصَٰرَىٰ عَلَىٰ شَيۡءٖ وَيَقُولُ ٱلنَّصَٰرَىٰ لَيۡسَ ٱلۡيَهُودُ عَلَىٰ شَيۡءٖ وَهُمۡ يَتَلَاۤمُونَ
The Jews say: The Christians are not upon anything [true], and the Christians say: The Jews are not upon anything [true], while they dispute.

This perspective acts like a mirror reflecting the harms of religious culture. The Holy Quran, by presenting balanced rulings and stressing benevolence, aims to moderate this outlook and promote a culture of tolerance and mutual respect.

Violence in Islamic Societies and Its Impact on Divorce

Violence in Islamic societies, particularly concerning divorce, arises from misunderstandings of religious rulings and the predominance of patriarchal views. This violence manifests as conflict, coercion, and misuse of Sharia rulings within familial relations, disrupting social tranquility.

Violence in Islamic communities acts as a heavy shadow over familial relationships, including divorce, preventing the application of divine rulings with the spirit of benevolence and justice.

The Holy Quran, emphasizing rational and ethical conduct, serves as a beacon in the darkness, guiding the reform of this culture. This verse, inviting benevolence, seeks to replace violence with mercy and dignity.

Section Three: Divorce Rulings and the Role of Benevolence in Reducing Violence

Benevolence in the Divorce Process

The Holy Quran in verse 229 of Surah Al-Baqarah, by stressing tashreehun bi-ihsn (release with benevolence), introduces divorce as a generous process based on kindness. Benevolence, as the highest degree of forbearance, denotes noble behaviour towards the spouse at the time of separation, including maintaining financial rights and respecting their dignity.

فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـٰنٍ
Either retention in a proper manner or release with kindness.

Benevolence is like a gentle breeze that calms the storm of enmity and conflict. This emphasis stands in opposition to a culture of violence and abuse, providing an ethical paradigm for separation that preserves human dignity.

Prohibition of Reclaiming a Womans Property

The verse explicitly prohibits reclaiming property given to the wife: wa l yaillu lakum an takhudh mim-m taytumhunna shayan. This ruling aims to preserve the womans financial rights and prevent men from abusing the power of divorce.

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا
And it is not lawful for you to take anything of what you have given them.

This prohibition acts as a shield protecting the financial rights of women against patriarchal pressures. The Holy Quran, by this ruling, takes a significant step towards financial justice in marital relations.

Exception of Fidya (Compensation) in Divorce

Under certain conditions, the verse permits a woman to pay compensation for separation: fa-in khiftum alla yuqm udda llh fal juna alayhim fm iftadat bihi. This exception applies when both husband and wife fear the failure to uphold divine limits in their marital life.

فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِ
So if you fear that they will not keep the limits of Allah, there is no blame upon them concerning what she ransoms herself with.

Fidya acts as a key unlocking deadlocks in family relations. However, misuse of this ruling results from violence and fanaticism in religious communities. The Holy Quran, by this exception, establishes a balance between the rights of both parties and prevents compulsion in marital life.

Divine Limits and Avoidance of Transgression

The verse stresses adherence to divine limits and condemns their transgression as injustice: tilka uddu llhi fal tatadh wa man yataadda udda llhi fa-ulika humu -limn. Divine limits constitute a framework for regulating human behaviour in personal and social domains.

تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَٰئِكَ هُمُ ٱلظَّٰلِمُونَ

صادق خادمی

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