Verse 237 of Surah Al-Baqarah, as one of the luminous verses of the Holy Quran, addresses the rulings of divorce before consummation under the condition that a dowry has been specified, with clear and wise discourse. This verse not only elaborates the jurisprudential regulations with precision and equity but also, by emphasising virtue, piety, and human dignity, provides guidance for the regulation of familial and social relations. In this treatise, a scientific and systematic approach is adopted to offer a detailed analysis of this verse, alongside a comparison with verse 236, from which social, ethical, and legal lessons have been extracted. The objective is to present a comprehensive and profound viewpoint that attends equally to jurisprudential aspects as well as the sociological and psychological dimensions of Islamic rulings.
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ یَعْفُونَ أَوْ یَعْفُوَ الَّذِی بِیَدِهِ عُقْدَةُ النِّکَاحِ ۚ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَى ۚ وَلَا تَنْسَوُا الْفَضْلَ بَیْنَکُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِیرٌ
Translation: And if you divorce them before you have touched them and have appointed for them a specified dowry, then half of what you appointed shall be given to them, 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 yourselves. Indeed, Allah is ever, of what you do, Seeing.
Verse 237 of Surah Al-Baqarah explicitly states that in the event of divorce prior to consummation, where a dowry has been specified for the woman, the husband is obligated to pay half of the stipulated dowry. This ruling is indicative of Divine wisdom in regulating the financial relations between spouses, ensuring justice within family relationships with clarity and simplicity. The specification of dowry as a legal contract prevents ambiguity regarding financial obligations and reassures both parties that their rights will be preserved.
Verse 236 of Surah Al-Baqarah, which addresses divorce before consummation without a specified dowry, employs diverse terms such as "right," "customary," "kindness," "ample," and "restricted" to define the obligation of payment. In contrast, verse 237, with the presence of a specified dowry, delivers a straightforward and clear ruling: the payment of half the dowry. This difference reflects the complexities arising from negligence in specifying the dowry. When the dowry is undefined, the Divine legislator resorts to multiple expressions to guarantee equity and justice in the payment obligations.
One subtlety in the verse is the distinction between lams (apparent contact) and mass (sexual consummation). If divorce occurs before mass but after lams, half the dowry must still be paid. This distinction highlights the Qurans precision in terminology and forms the basis for different rulings in Islamic jurisprudence. The term lams can refer to non-sexual contact, which may have psychological and social impacts on the woman.
Verse 237 of Surah Al-Baqarah, by presenting a clear and simple ruling for divorce before consummation under conditions of specified dowry, emphasises the importance of order and clarity in legal contracts. The comparison with verse 236 reveals how negligence increases legal complexity. The distinction between lams and mass reflects Divine wisdom in addressing details of rulings and their psychological and social consequences.
One of the fundamental lessons from verse 237 is the emphasis on recording all obligations and contracts in social and familial relations. Precise documentation prevents negligence and disorder, forming the basis for order in Islamic society. This principle applies not only to marriage but also to all financial and social matters, preventing disputes and corruption.
Negligence in recording commitments, especially in marriage contracts, leads to dispersion, discord, falsehood, and corruption. When affairs proceed verbally and without documentation, public trust deteriorates, and legal and social disputes multiply. This situation imposes a heavy burden on the judicial system and endangers societal well-being.
Trust in others is a moral value emphasised in Islamic society, but such trust must not preclude documentation. Recording contracts, even in trust-based relations, prevents misuse and guarantees the rights of parties. This principle reflects the balance between ethics and law and prevents future legal complications.
Negligence in recording marriage contracts, particularly the marriage contract, leads to legal disputes and familial difficulties. This not only harms individuals but also confronts the social system with serious challenges. Public education regarding the importance of documenting contracts can prevent these problems.
Order and documentation in Islamic society, as fundamental pillars of justice and fairness, hold significant importance. Negligence in this domain results in corruption, discord, and social inefficiency. While trust remains a valuable virtue, it must be accompanied by documentation to prevent abuse and disputes. These principles highlight the necessity of public education and strengthening legal systems within Islamic society.
Divorce prior to consummation, even if limited to lams, may cause psychological fragmentation and diminish the womans social standing. The Holy Quran, by prescribing half the dowry or a payment in kind, acknowledges the need to compensate for such harms. This ruling exemplifies Divine wisdom in preserving human dignity and attending to the psychological and social aspects of divorce.
Virginity holds social and psychological value beyond its physical aspect, influencing the womans status within society. Damage to this value, even without consummation, may reduce the womans social credibility. The Quran, by stressing financial compensation, safeguards these values and promotes social wellbeing.
Verse 237 of Surah Al-Baqarah, by considering the psychological and social consequences of divorce, emphasises the preservation of the womans dignity. Financial compensation, whether half the dowry or payment in kind, reduces the harms caused by divorce. Virginity, as a social and psychological factor, reflects Islams attention to the health of the family system and the womans position in society.
People in society can be categorised into three groups: the law-abiding, who solely adhere to the law; the violators, who harm society by breaching the law; and the altruists, who, through forgiveness and dignity, compensate for others shortcomings. The altruists, by their noble conduct, contribute to societal vitality and health.
Verse 237, with the phrase and to remit it is nearer to righteousness, regards the womans or the marriage guardians forgiveness of the dowry as an act closer to piety and spiritual refinement. This forgiveness is a manifestation of dignity and altruism that leads to the individuals spiritual elevation and societal wellbeing.
The phrase and do not forget graciousness between yourselves invites individuals to maintain virtue, dignity, and altruism in their relationships. A purely legalistic life reduces humans to mechanical beings, whereas altruism and forgiveness breathe life into society.
The phrase Indeed, Allah is ever, of what you do, Seeing indicates that God exercises meticulous oversight over human actions. This supervision serves as motivation for observing piety, altruism, and virtue in human behaviour.
Verse 237 of Surah Al-Baqarah encourages forgiveness and virtue, guiding humanity toward piety and dignity. Altruists, by compensating for others shortcomings, contribute to societal dynamism. Divine oversight acts as an incentive for adhering to these values, steering humans from mechanical existence toward a life filled with virtue.
One of the notable points in the verse is the attention to two maturational stages
