Verses 236 and 237 of Surah Al-Baqarah in the Holy Quran, akin to radiant gems within the treasury of Islamic jurisprudence, meticulously elucidate the rulings on divorce prior to consummation and matters related to dowry and mutah (fair recompense). These verses, articulated in a clear language and coherent structure, establish a legal and ethical framework to regulate familial relationships aimed at preserving human dignity, ensuring justice, and preventing social harm. This treatise undertakes a scientific and analytical examination of these verses and critically addresses the challenges faced by religious scholarship in explicating these rulings within the contemporary world. Such analysis not only facilitates a deeper understanding of the Quranic injunctions but also underscores the necessity for renewed scholarly methodologies and discourses to defend religious values against the modern cultural milieu.
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 blame upon you if you divorce women before you have touched them or assigned for them an obligatory dowry, but give them their due compensationaccording to what is acceptableimposed upon the wealthy according to his capability and upon the poor according to his capability; a right for the doers of good.
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 after assigning them an obligatory dowry, then half of what you assigned should be given unless they remit it or the one in whose hand is the marriage contract remits it. And to remit it is nearer to righteousness. And do not forget graciousness between you. Indeed, Allah is Seeing of what you do.
The phrase لَا جُنَاحَ عَلَيْكُمْ in verse 236 is a direct address to men, granting permission for divorce prior to consummation and dowry specification. This permission is neither an obligation nor a commendable act, but solely the removal of a legal prohibition. This statement acts as a key unlocking the complexities of human relationships, conferring authority to men while mitigating the legal and emotional complications inherent in unstable relationships.
The phrase طَلَّقْتُمُ النِّسَاءَ, expressed in the plural and gender-inclusive form, proclaims the law of divorce as comprehensive and universal, radiating like the sun across all times and places. This universality, regardless of number or temporal and spatial conditions, provides a holistic ruling applicable to all human societies.
The verses are constrained by two principal qualifiers: first, مَا لَمْ تَمَسُّوهُنَّ (absence of consummation), and second, أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً (absence of dowry stipulation). These qualifiers serve as firm pillars restricting the divorce rulings to specific conditions to avoid any ambiguity in their application.
One of the linguistic subtleties in the Holy Quran is the differentiation between مسّ and لمس. The term لمس refers to superficial and formal contact, such as placing a hand upon something, whereas مسّ encompasses a deeper meaning relating to sexual intercourse involving both body and soul. This distinction reflects the Qurans meticulous choice of vocabulary and forms the basis for different rulings concerning divorce and dowry.
Within Islamic jurisprudence, مسّ is interpreted as sexual penetration, and this interpretation generates distinct rulings for virgin and non-virgin women. For instance, in the presence of مسّ, the full dowry becomes obligatory, whereas its absence entails different regulations.
Verse 236 underscores the payment of مَتَاعًا بِالْمَعْرُوفِ (mutah bil-marf), which must be rendered according to financial capacitywhether abundant or constrainedand in a worthy manner. This mutah acts as a gift untying the emotional and social knots arising from separation, symbolising fairness and dignity. The phrase حَقًّا عَلَى الْمُحْسِنِينَ links this duty to faith and benevolence, implying that a man of faith must disburse this right with generosity and justice.
Verse 237 further mandates payment of half the dowry if it had been assigned prior to consummation, except in cases where the parties waive it. Such remission aligns more closely with piety and reflects the virtue extolled by the Holy Quran.
Verses 236 and 237 of Surah Al-Baqarah, through their articulation of rulings on divorce before consummation, provide a legal and ethical framework that, like a guiding light, illuminates the path of justice and dignity in familial relationships. Emphasising justice, mutah bil-marf, and the preservation of human dignity, these rulings prevent social harms and exemplify the wisdom and flexibility of Islamic law.
The Holy Quran demonstrates particular attention to virginity within these verses, differentiating the rulings concerning dowry, divorce, and iddah (waiting period) for virgin and non-virgin (aybah) women. This sensitivity, akin to a jewel in the fabric of Islamic law, originates from values of chastity and purity. Virginity encompasses not only the physical dimension but also psychological and social aspects, as if a virgin woman remains a flower hanging untouched on the branch of her inherent dignity.
In the absence of consummation, divorce rulings for virgin women are more lenient; however, upon مسّ (consummation), the full dowry becomes obligatory, even if through anal intercourse. This distinction reflects the Sharias attention to the psychological and social condition of virgin women, who may be more vulnerable in the divorce process.
Within Islamic jurisprudence, clear distinctions exist between virgin and aybah women (those previously married and non-virgins). For virgins, half of the dowry is payable if consummation has not occurred, whereas for aybah women, full dowry is obligatory regardless of consummation status. This difference demarcates the boundaries of womans identity and dignity as defined by Sharia.
This valuation not only preserves chastity but also supports the psychological and social well-being of women. A woman who remains untouched is afforded a sacred status within Sharia, necessitating respectful and dignified treatment.
A fundamental question arises as to whether the Sharias sensitivity to virginity is confined to the early Islamic era or Arabian culture, or if it is a universal and perpetual ruling. This inquiry acts as a key unlocking scientific discourse and underscores the necessity of examining these rulings within a global context. Does this sensitivity root in values of chastity and purity, or is it a reflection of the local cultures of that period? Addressing this question demands interdisciplinary research spanning psychology, sociology, and jurisprudence.
The Sharias sensitivity to virginity, like a gem in the crown of Islamic rulings, manifests profound attention to chastity, dignity, and the psychological and social well-being of women. This valuation surpasses physical aspects and places the womans identity at the core. Nonetheless, substantiating the universality and perpetuity of these rulings requires a scholarly discourse equipped to address the challenges posed by modern culture.
Within modern culture, relationships without marriage and homosexual unions have become widespread, and values such as virginity have lost their significance. This culture, like a roaring wave, stands in opposition to Islamic values. In a world where free and non-committal relationships are normalised, the Sharias sensitivity to virginity and lawful marriage shines like a star in the sky of religious culture, yet is subject to mockery and critique.
Within this culture, distortions such as artificial restoration of virginity at minimal cost symbolise disregard for spiritual and psychological values. This phenomenon acts like a wound on the body of religious values, urgently demanding reform of social culture.
Religious scholarship faces serious challenges in scientifically and globally explicating Islamic rulings, such as sensitivity to virginity. This deficiency, like a heavy shadow, diminishes the capacity to defend religious values against modern critiques. Instead of focusing on traditional activities, religious scholarship must advance towards interdisciplinary research, employing scientific language and psychological and sociological reasoning to defend the rulings.
Emphasis on traditional activities, such as non-scientific propaganda, obstructs scholarly and discursive progress. This approach resembles a lock that keeps dialogue with the modern world closed.
To elucidate Islamic rulings at the global level, it is proposed that religious scholars establish scientific blogs to engage in dialogue with global audiences. These blogs would serve as bridges connecting religious scholarship with modernity, enabling logical defence of Islamic values.
Religious scholarship, instead of fostering entitlement and focusing on material privileges, must dedicate itself to scientific
