Verses 229 and 230 of Surah Al-Baqarah, as integral components of the legislative system of the Holy Quran, elucidate the rulings of divorce through a logical and ethical framework. These verses not only specify the religious injunctions pertaining to divorce but also, through emphasis on adherence to divine limits, address the reform of familial relationships and the prevention of domestic injustices. Domestic oppression functions as a root whose branches extend into social deviations, and the Quran, by providing a paradigm based on benevolence and justice, aims to eradicate these injustices and create an environment filled with affection and respect. This study, relying on the content of the lecture series, analyses these verses with a scholarly and academic approach, explicating their jurisprudential, ethical, and sociological dimensions.
The Holy Quran, in verses 229 and 230 of Surah Al-Baqarah, presents the rulings on divorce within a systematic structure akin to philosophical logic. Divorce, as a process for release from the matrimonial bond, is initially defined and subsequently divided into revocable (raji) and irrevocable (bin) types. This structure includes definition, examples, classification, and the characteristics of each type.
ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَـٰٓئِكَ هُمُ ٱلظَّـٰلِمُونَ
Translation: Divorce [revocable] is twice; thereafter, either retention with kindness or release with benevolence. And it is not lawful for you to take anything of what you have given them unless they fear that they will not be able to uphold the limits of Allah. But if you fear that they will not uphold the limits of Allah, there is no blame upon them for what she redeems herself with. These are the limits of Allah; do not transgress them. And whoever transgresses the limits of Allah those are the wrongdoers.
This verse limits revocable divorce to two instances and presents two options to the spouses: retention with kindness (imsaakun bi-marf) or release with benevolence (tasrun bi-isn). These two options underscore the Qurans emphasis on preserving human dignity within familial relationships. Moreover, reclaiming the dowry is prohibited except under specific circumstances (fear of failing to maintain Allahs limits), with redemption (fidya) offered as a means of separation in case of dissatisfaction.
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍۢ يَعْلَمُونَ
Translation: So if he divorces her [for the third time], then she is not lawful to him afterward until she marries a husband other than him. Then if the latter husband divorces her, there is no blame upon them if they return to each other, provided they think that they will be able to uphold the limits of Allah. And these are the limits of Allah, which He makes clear to a people who know.
Verse 230 introduces the irrevocable divorce (the third divorce), conditioning return to the first spouse upon the womans permanent marriage to another man and subsequent divorce from him. This condition stresses the seriousness of irrevocable divorce and prevents misuse.
The logical structure of the divorce verses demonstrates the depth and coherence of Quranic legislation. These verses, by providing definitions, classifications, and conditions for divorce, not only clarify religious rulings but also, with an emphasis on benevolence and justice, seek to preserve human dignity and reform familial relations.
The phrase fa-ulika humu al-limn in verse 229 refers to those who transgress Allahs limits as oppressors. Although domestic oppression may appear qualitatively lesser than social tyrannies such as dictatorship, its frequency and repetition render it deeply impactful on society. These injustices flow like a roaring river, spilling from the household into society and causing social deviations.
The use of the plural pronoun fa-ulika and the definite article in al-limn indicates the widespread nature of oppression in familial relations. Such oppression includes disrespect, conflict, lack of kindness, and daily abuse, which, through repetition, foster social deviations.
Like a tree rooted in the home, domestic oppression extends its branches into society, causing distrust, strife, and moral corruption. The Holy Quran, by emphasising adherence to Allahs limits, aims to break this cycle and promote a culture of benevolence and affection within the household.
Individuals who oppress their spouses and children at home transmit such behaviours into society. The habit of domestic abuse resembles a fire that spreads from the private sphere to the public arena, leading to socially undesirable behaviours.
The widespread dissatisfaction of women with mens conduct in the domestic environment originates in oppressions such as disrespect, unkindness, and conflict. This situation removes family life from the Islamic ideal and transforms it into a tense environment. The Quran, through emphasis on imsaakun bi-marf and tasrun bi-isn, seeks to reform these behaviours and establish an environment suffused with respect and affection.
Domestic oppressions, by their frequency and profound psychological effects, constitute the source of many social deviations. The Quran, by stressing divine limits, aims to eradicate these injustices and promote a culture of benevolence and love in familial relations. These verses provide an ethical paradigm that not only regulates familial relationships but also contributes to societal reform.
Verse 229 limits revocable divorce to two instances, after each of which two options are proposed: retention with kindness or separation with benevolence. Irrevocable divorce, introduced in verse 230, represents the third divorce, conditioning return to the first spouse on permanent marriage to another individual and subsequent divorce from him.
Revocable divorce acts as a bridge facilitating reconciliation, while irrevocable divorce represents a barrier limiting this possibility, except under special conditions.
Khula divorce occurs when a woman, due to dissatisfaction, offers a redemption (fidya), sometimes exceeding the dowry, to be released from the marital bond. Conversely, Mubrat divorce arises when both parties are dissatisfied with the marriage, and the fidya is limited to the amount of the dowry, as the husband is also discontented with continuation.
Jurisprudential rulings on divorce such as Khula, Mubrat, ihr, and Il, rooted in particular historical and social contexts, sometimes appear incompatible with the needs of modern societies. Although meticulously articulated in traditional jurisprudence, their complexities may impose pressures on women or enable exploitation. The Quran, by establishing general principles such as benevolence and justice, provides grounds for revisiting these rulings.
Religious knowledge, akin to a gardener, must prune the withered branches of rulings and harmonise them with contemporary needs to address modern challenges.
Sham marriages employed to circumvent the prohibition of irrevocable divorce, while ostensibly compliant with legal rulings, contradict the spirit of Quranic injunctions such as benevolence and justice due to insincere intentions. These marriages constitute mere formalities preserving the appearance of legality but devoid of ethics and sincerity.
The divorce rulings in the Holy Quran seek, with flexibility and precision, to regulate familial relations based on justice and benevolence. Nevertheless, jurisprudential complexities and potential misuse underscore the necessity of rational reassessment of these rulings in accordance with contemporary contexts.
The divine limits referenced in the divorce verses pertain to ethical behaviours within the
