Verses 236 and 237 of Surah Al-Baqarah from the Holy Quran elucidate the Islamic legal rulings concerning divorce prior to consummation and issues related to dowry. These verses, articulated with clarity and a coherent structure, present a legal and ethical framework for regulating family relationships founded upon principles of justice, human dignity, and equity. The objective of this treatise is to provide a comprehensive and scholarly analysis of these verses, preserving all details from the original lecture series, while employing a refined language befitting a high-level academic audience. The structure of this work is systematically designed to deliver a profound understanding of the rulings and underlying wisdom encapsulated within these verses through methodical sections and in-depth analyses.
لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً ۚ وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحْسِنِينَ
Translation: There is no sin upon you if you divorce women before you have touched them or assigned them a dowry; and provide for them a provision according to what is customarybe it within your means or within your means constrainedlyan equitable benefit; a right incumbent upon the righteous.
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَى ۚ وَلَا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
Translation: And if you divorce them before you have touched them but have assigned them a dowry, then half of what you assigned is dueunless they remit it or the one in whose hand is the marriage contract remits it. And to remit it is nearer to piety. And do not forget graciousness between you. Indeed, Allah is ever, of what you do, Seeing.
These verses, by articulating the rulings regarding divorce prior to consummation, emphasise facilitation and flexibility in this process to prevent the perpetuation of incompatible relationships and to preserve human dignity.
Verses 236 and 237 of Surah Al-Baqarah address a pivotal issue in Islamic jurisprudencethe rulings on divorce prior to consummationand clarify, with explicit language, the laws concerning dowry and equitable provision in such circumstances. These verses introduce ease in divorce as a prudent solution to avoid social complexities and psychological harm arising from the continuation of incompatible marital bonds. The divine wisdom in these rulings, akin to a gentle breeze, aids in safeguarding human dignity and maintaining equilibrium within familial relations, as though the divine law forms a bridge between justice and mercy.
لم تمسوهنّThe phrase لم تمسوهنّ (you have not touched them) signifies the absence of sexual consummation, which is a critical criterion for determining dowry and divorce rulings in Islamic jurisprudence.
In Islamic jurisprudence, مس is interpreted as sexual penetration, and this distinction forms the basis for differing rulings concerning the wifes financial rights. This concept, like a clear line on the map of the Sharia, delineates the boundaries of the rulings and prevents any ambiguity in the administration of justice.
In the case where a dowry is assigned but consummation has not occurred, half of the dowry is to be paid; if no dowry was assigned, an equitable provision is obligatory; and if consummation has occurred, the full dowry must be paid.
The verses refer to three scenarios:
These rulings, like a precise scale, establish a balance between the rights of the wife and the husband. The payment of half the dowry or provision compensates the woman who may otherwise find herself in an unfavourable social or economic position due to annulment of the contract, as if the Sharia, with generous hands, brings forth justice.
The concept of provision according to what is customary indicates Islams attention to fairness and generosity in human relations.
Verse 236 emphasises that in the absence of an assigned dowry and consummation, the husband must grant the wife a provision proportionate to his financial ability. This provision, which must be according to what is customary, reflects Islams commitment to equity and dignity, as if the divine law, like a pure spring, pours forth generosity and justice within society.
Verses 236 and 237 of Surah Al-Baqarah outline rulings on divorce prior to consummation that establish a legal and ethical system grounded in ease, equity, and dignity. These rulings, by emphasising the preservation of womens financial and spiritual rights, prevent social harm caused by incompatible relationships and pave the way for a just and balanced life.
The possibility for the wife or her guardian to remit the dowry is discretionary and a sign of piety; however, coercion to remit is unlawful.
Verse 237 permits remission of the dowry by the wife or by the one holding the marriage contract (such as a guardian). This remission is voluntary and considered nearer to piety. This ruling places women in a position of discretion and dignity, as if the Sharia, with a pen of light, recognises the womans power to make decisions.
Forcing women to remit dowry as a condition for divorce constitutes a cultural deviation and is un-Islamic, necessitating rectification.
One prevalent deviation in certain societies is compelling women to waive their dowry to obtain divorce. This practice, characterised as coercion, contravenes Islamic rulings and the principle of justice. The Sharia, like a vigilant guardian, defends the dignity of women and rejects all forms of injustice.
The offer from the woman denotes her power and discretion, while the mans acceptance reflects his legal consent.
In the marriage contract, the offer (ijab) is made by the woman and acceptance (qabul) by the man. The offer, as a fundamental element of the contract, signifies the womans authority and discretion, whereas the mans acceptance represents a legal acquiescence. This structure, like two wings of a bird, establishes balance and harmony within the marital relationship.
The system of dowry and inheritance establishes a just balance between the rights of women and men.
The woman receives half the inheritance of the man but receives her dowry immediately, whereas the man pays the dowry immediately and receives the full inheritance on a deferred basis. This system, like a finely calibrated scale, ensures economic and social justice between spouses.
Feminist misunderstandings of Islamic rulings stem from a lack of comprehension of the holistic Sharia framework.
Certain feminist perspectives regard Islamic rulings such as inheritance and divorce as unjust. This misunderstanding arises from insufficient appreciation of the precise engineering underlying Islamic laws. The Sharia, like a wise architect, has designed its legal system based on overarching social and familial considerations.
The divorce and dowry rulings in verses 236 and 237 of Surah Al-Baqarah present a legal and ethical framework founded on discretion, equity, and justice, preserving human dignity within family relations. These rulings, by balancing the rights of women and men, prevent cultural abuses and require scientific and precise exposition.
The inadequacy in scientifically explicating Islamic rulings has rendered religion vulnerable to global criticism.
Religious sciences have not performed optimally in logically and scientifically elucidating Islamic rulings, especially in the face of global critiques. This deficiency has exposed religion to misunderstandings and vulnerabilities. There is a necessity for a scientific and global discourse, akin to a light in darkness, to defend Islamic rulings.
Divorce in Islam represents liberty and release, not destruction or unregulated emancipation.
Divorce in Islam means release and freedom, not an unregulated liberation or destruction of life. This concept, like a key unlocking a lock, facilitates the preservation of dignity and prevents the continuation of incompatible relationships.
An unhealthy social culture has transformed divorce into a tool of pressure against women.
In some societies, divorce has been weaponised as a means of exerting pressure on women, diverting from its original meaning of freedom and dignity. This deviation, like a thorn in the foot of society, requires reform and a return to Quranic rulings.
Dowry signifies love and sincerity, not the buying and selling of a woman.
In Islam, dowry is a symbol of sincerity and affection, not a mechanism for the purchase or sale of a woman. The wife may remit the dowry or receive it in a non-material form, such as knowledge or wisdom. This perspective elevates dowry from a material concept to a spiritual value, as if the Sharia, with a generous heart, institutionalises love within human relations.
The variety in revelation and arrangement of Quranic verses prevents bitterness and monotony.
The diversity in the revelation and arrangement of Quranic verses, like a breeze refreshing a garden, prevents bitterness and uniformity. This variety responds to the diverse needs of society and preserves the allure of the divine revelation.
False claims concerning Lady Khadijah (may Allah be pleased with her) must be refuted with scientific reasoning.
Certain false allegations, such as her widowhood or non-virginity, must be repudiated through scholarly argumentation. She, as a noble exemplar, deserves veneration and scholarly defence, as if the Sharia, with radiant light, distinguishes truth from distortion.
Defence of Islam must be conducted through logic and universal reasoning, not fanaticism or violence.
Defence of Islam must be articulated through a logical and global discourse that persuades the wider world. This discourse, like a firm bridge, introduces religion to the global audience and prevents misunderstandings.
Cultural and scientific challenges in explicating Islamic rulings necessitate reform of religious discourse and the production of logical and