Verses 220 to 242 of Surah Al-Baqarah, like a guiding light, address the fundamental issues of family, marriage, and divorce, presenting with unparalleled precision and depth a legal and ethical framework for regulating human relations. These verses, the majority of which are devoted to the rulings on divorce, demonstrate the Qur'an's special concern for organising marital relations and resolving familial conflicts. The present writing, with a focus on verse 227 and a comprehensive analysis of the related verses, endeavours to examine the jurisprudential, social, and ethical dimensions of these rulings through a profound and systematic perspective. This study not only elucidates the Qur'anic concepts but also links them to contemporary challenges, offering solutions for modern life.
Verses 220 to 242 of Surah Al-Baqarah, beginning from the verse And do not marry polytheistic women until they believe
and continuing until And for divorced women is a provision according to what is acceptable
, address issues concerning women, marriage, and divorce. Of the total 22 verses, 18 are specifically dedicated to the rulings on divorce. This extensive portion indicates the importance the Holy Qur'an attaches to regulating family relations and resolving marital conflicts. These verses serve as a comprehensive map, providing guidance for preserving human dignity and reforming social relations.
Divorce, despite being criticised in some narrations, holds a distinctive position within the Qur'anic framework. These verses, from verse 226 addressing 'Iddah' to verse 242, present divorce as a key to liberation from the constraints of unhealthy relationships. This approach, contrary to some cultural perceptions that stigmatise divorce, recognises it as a legitimate and necessary means to preserve dignity and morality.
The word alq originates from the root alaqa, meaning liberation and freedom. Divorce is likened to a breeze that opens the cage; it is the result of talq or release. Similar to how ghusl (ritual washing) is the consequence of the act of washing, divorce is the outcome of a process that frees the spouses from unhealthy bonds.
Verses 220 to 242 of Surah Al-Baqarah, with their focus on divorce rulings, provide a comprehensive framework for managing family relations. These verses, emphasising liberation and preservation of human dignity, do not regard divorce as reprehensible; rather, they consider it a legitimate solution for resolving conflicts. The etymological roots of divorce further highlight its liberating nature, offering a renewed and reformist perspective against traditional cultures that regard divorce as disgraceful.
وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ
And if they resolve upon divorce, then indeed Allah is Hearing and Knowing.
Verse 227 of Surah Al-Baqarah, though succinct, profoundly alludes to the firm resolve of men concerning divorce and, by mentioning the attributes Sami (All-Hearing) and Alim (All-Knowing), emphasises Divine oversight over behaviour and intention during the process of divorce.
The word azam connotes a decisive and realised will, exclusive to men, as the Islamic jurisprudential system grants men the authority of divorce. This will is like an arrow released from a bow, representing the final decision to terminate the marital relationship. Notably, the verse uses al-alq as a direct object without the preposition al. This subtle linguistic distinction indicates that divorce does not require full insight or maturity of decision; even if the decision is incorrect, its possibility remains.
The attribute Samiun (exceedingly Hearing) indicates God's supervision over the conduct and speech of spouses during divorce, prohibiting disparagement, slander, and harm. The attribute Alimun (exceedingly Knowing) emphasises God's awareness of inner intentions. These attributes function as divine guardians, inviting spouses to uphold ethics and dignity in divorce.
The Holy Qur'an, through the rulings on revocable divorce (alq raj), permits the spouses to reconcile. Reconciliation, whether verbal (rajatuki) or physical (such as touching the spouse), does not require complex formalities. This flexibility, akin to a bridge connecting two shores, facilitates the restoration of relations. Even after three revocable divorces, using a muallil (a lawful intermediary), a path for reconciliation remains, indicating the comprehensiveness and adaptability of the Islamic divorce system.
The muallil, required after three revocable divorces for the spouses to reunite, although lawful, has in some instances led to abuse and ethical challenges. These rulings, functioning as precise instruments, necessitate correct and ethical implementation to prevent deviation.
Verse 227 of Surah Al-Baqarah, emphasising resolute will in divorce and Divine supervision over conduct and intention, provides an ethical and flexible framework for divorce. This verse invites commendable behaviour and avoidance of disparagement, presenting divorce as a means of liberation from unhealthy relationships. The flexibility in revocable divorce and reconciliation, along with the rulings on the muallil, reflects the Qur'anic system's comprehensiveness in managing family relations.
The narration The most detested thing in My sight is divorce
criticises divorce, but this reproach does not imply prohibition. Excessive emphasis on this narration in some societies has, like a heavy burden, led to the perpetuation of unhealthy and sinful relationships.
Divorce, compared to the continuation of sin within marital life, is a preferable option. When a conjugal life leads to injustice, corruption, or transgression, divorce acts as a pure water, providing a way for purification and preservation of human dignity.
Preventing divorce or excessive reproach towards it, like a dam obstructing flowing water, results in corruption, immorality, and social harms. Such restrictions, instead of resolving conflicts, exacerbate injustice and sin within unhealthy relations.
Negative cultural conditioning against divorce, like darkness obscuring light, has obstructed the correct introduction of Islamic rulings worldwide. This phenomenon has led to diminished inclination towards legitimate marriage and the prevalence of informal relationships.
In temporary marriage (mut'ah), the gift of the remaining period (hibah) acts as a soft and amicable divorce. This flexibility illustrates ease in ending relationships within the Islamic system, aligning with divorce in permanent marriage.
In the modern world, marriage is sometimes perceived as a cage restricting personal freedom, and divorce is promoted as a means of liberation. This view conflicts with the Qur'anic system, which considers marriage a Divine tradition.
The prevalence of cohabitation without marriage, where couples avoid marital obligations, constitutes an endless path presenting challenges to the Islamic family system. This phenomenon reflects changing attitudes toward human relations in the modern world.
Cultural and legal restrictions on divorce have led
