Verse 231 of Surah Al-Baqarah, akin to a radiant lamp upon the path of guidance, elucidates the rulings of divorce with a profound focus on ethics and human dignity. This verse, emphasising proper conduct during the process of separation, not only regulates familial relations but also presents a rational and ethical paradigm, guiding one to live under the auspices of justice and compassion. In this treatise, adopting a scientific and systematic approach, we analyse and interpret this verse, relying on Quranic rationality to examine its jurisprudential, ethical, and psychological dimensions. The objective is to provide a comprehensive perspective on the laws of divorce and their impact on familial and social relationships, so that, like a gentle breeze, the spirit of rationality and benevolence may be breathed into the readers soul.
And when you divorce women and they reach their prescribed waiting period, then either retain them in an acceptable manner or release them in an acceptable manner. And do not retain them to cause harm, so that you transgress. And whoever does that has certainly wronged himself. And do not take Allahs verses in jest, but remember the favour of Allah upon you and what He has revealed to you of the Book and wisdom, admonishing you thereby. And fear Allah and know that Allah is Knowing of all things.
Verse 231 of Surah Al-Baqarah, continuing from the preceding verses (229 and 230), addresses the final stage of the divorce process, namely the iddah (waiting period) and decision-making thereafter. This verse, in clear and explicit language, presents two options before men: either a dignified return to conjugal life (bi-marf) or a separation in kindness. These two choices, like the two wings of a bird flying towards balance, emphasise the preservation of human dignity and the observance of justice. The concluding section of the verse, forbidding harm to women (irrn li-tatad), issues a stern warning to those who, with the intention of infringing upon others rights, transform familial relations into arenas of enmity.
Verse 231 of Surah Al-Baqarah, like a clear mirror, reflects the ethical and jurisprudential principles of divorce. This verse, by offering a rational and humane framework, stresses the rights and dignity of women in the divorce process and, by forbidding harm, seeks to establish balance in familial relations.
Verses 229 and 230 of Surah Al-Baqarah respectively address the rulings of revocable divorce (twice) and irrevocable divorce, emphasising benevolence (bi-isn). Verse 229, stating Divorce is twice; then either retain [her] in an acceptable manner or release [her] with benevolence, highlights two options: a dignified return or separation with kindness. However, verse 231, focusing on the iddah period and post-iddah conduct, relies on marf as a rational and conventional standard. This distinction, like a thread linking various stages of a process, demonstrates the systematic nature of the Quranic rulings on divorce.
The term marf in verse 231 refers to rational and customary behaviour accepted among the wise, encompassing basic rights. In contrast, isn in verse 229, like a precious gem, denotes behaviour exceeding obligation, characterised by generosity and kindness. This differentiation reveals the moral depth of the Quran, which promotes varying levels of ethical conduct according to circumstances. Marf, as a firm foundation, guarantees minimum rights, whereas isn, as a lofty peak, guides towards moral perfection.
Verse 231 complements the preceding verses by emphasising rational conduct during the iddah period and presents a systematic framework for divorce. The differentiation between marf and isn reveals the ethical profundity of the Quran and provides guidance for proper behaviour in familial relations.
Verse 231, by the phrase fa-balaghna ajalahunna, refers to the iddah period, a time for reconsidering the divorce decision. In revocable divorce, if the iddah remains, the husband may return to the conjugal relationship either by actual revocation or verbal declaration, without requiring the wifes consent. This right, like a key that unlocks the relationship, allows the husband to return in a dignified manner (bi-marf). However, if the iddah has ended, reconciliation is only possible through a new contract with mutual consent.
After completion of the iddah, resumption of marital life necessitates a new contract and bilateral agreement. This ruling, akin to a protective shield, prevents compulsion of women to continue the relationship without consent. The Quran, through this structure, preserves the balance between the rights of men and women and upholds human dignity.
The jurisprudential rulings of verse 231, by defining revocation and new contract, establish a just framework for divorce. These rulings maintain balance between the rights of both parties, prevent misuse, and guarantee human dignity in familial relations.
The term bi-marf in verse 231 points to rational and customary behaviour accepted even among non-Muslim societies. This criterion, like a steadfast pillar, bases Islamic rulings upon rationality. The Quran, by referring to marf, aligns its rulings with rational principles and demonstrates that justice and propriety are universal values transcending religious boundaries.
Islamic rulings, including those on divorce, are advisory and based on reason, except in cases where societal rationality is deficient, such as the prohibition of usury (Quran 2:275: Allah has permitted trade and forbidden usury). In such instances, the Quran legislates new rulings. This approach, like a clear stream, illustrates the flexibility of Islamic jurisprudence and its capacity to adapt to varying conditions.
The Qurans emphasis on marf and the advisory nature of its rulings highlight the congruence of religion with rationality and justice. This approach transforms divorce laws into a universal and humane model, preventing irrational deviations.
Certain unsubstantiated rulings, rooted in ethnic and religious prejudices, have detached religion from rationality, resulting in unnecessary rigidity. The Quran, by emphasising marf, rectifies these deviations and guides towards rationality and justice. This critique, like a mirror reflecting flaws, underscores the necessity of revising unsubstantiated rulings.
Excessive rigidity and religious fanaticism, distancing from rationality, have contributed to trends such as laicism and secularism. The Quran, presenting a rational and humane face of religion, rectifies these deviations and directs towards compassion and justice.
Certain mystical currents
