of , (Session 1561)
Surah At-Talaq, one of the Medinan chapters of the Holy Quran, acts as a guiding beacon, presenting legal and social principles and rulings concerning divorce, testimony, compassion for the weak, insolvency, and imprisonment to the Islamic Ummah. This treatise, adopting an analytical and multidimensional approach, examines selected verses of this Surah, especially verses 1, 2, and 6, exploring their fundamental concepts from jurisprudential, psychological, and social perspectives. The objective is to provide a precise and comprehensive elucidation of these verses, so as to serve as a bridge between Quranic knowledge and contemporary societal needs, facilitating deeper and more practical understanding. Preserving the spirit and message of the verses, this work endeavours to articulate concepts in a clear and dignified language that is both academically contemplative and inspirational for righteous action.
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ ... وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ (At-Talaq: 1)
O Prophet, when you divorce women, divorce them for their prescribed period and keep count of the iddah... And fear Allah your Lord... And whoever transgresses the limits of Allah has wronged himself.
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِ مَنْ كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (At-Talaq: 2)
And when they have reached their term, retain them honourably or part with them honourably and take two just witnesses from among you and establish the testimony for Allah. This is admonition for those who believe in Allah and the Last Day. And whoever fears Allah - He will make for him a way out.
The phrase and establish the testimony for Allah stands as a firm pillar in the edifice of justice, emphasising the necessity of truthful and impartial testimony. This Quranic injunction regards testimony not merely as a legal duty but as a divine mission to be fulfilled devoid of any partiality, enmity, kinship ties, or personal interests. Jurisprudentially, it signifies the disclosure of truth without distortion or bias. Psychologically, this principle restrains the influence of subjective prejudices on testimony and reinforces the individual's social responsibility, as if every witness is a guardian of justice within the community.
The claim that remuneration for testimony is forbidden, sometimes inferred from the phrase and establish the testimony for Allah, is not derived from this verse. The noble verse explicitly concentrates on justice and honesty in testimony, steering clear of any financial considerations. Jurisprudentially, the permissibility or prohibition of receiving remuneration for testimony depends on other evidences such as traditions or consensus. Some scholars consider remuneration impermissible if testimony is compensated and creates personal benefit for the witness, but this verse itself does not explicitly address the matter. Therefore, citing this verse to prohibit remuneration lacks a solid basis and requires reference to other sources.
Within the jurisprudential framework, testimony is regarded as a mandatory duty, and rational principle the prerequisite of an obligation is also obligatory, its prerequisitessuch as court attendance and enduring the act of testifyingare likewise obligatory. This requirement is significant not only jurisprudentially but also psychologically, as it encourages individuals to actively participate in enforcing justice and maintaining social order. This participation, like a pure stream, bolsters public trust in the judicial system and prevents the feeling of injustice in society.
The phrase two just witnesses from among you emphasises the selection of righteous witnesses, implying avoidance of immorality, prejudice, and partiality. The justice of the witness acts as a shield against distortion of truth, preventing personal motives from influencing testimony. Psychologically, this principle increases trust in testimony within society and strengthens the sense of judicial security, as if each just witness is a guiding star in the sky of justice illuminating fair judgement.
The Quranic command and take two just witnesses from among you and and establish the testimony for Allah indicates the obligation of sufficiency in testimony. This means if a group of individuals fulfil the duty of testifying, the obligation is lifted from others; however, unjustified refusal to testify is considered sinful. Jurisprudentially, this principle guarantees social order, and psychologically, it strengthens the collective sense of responsibility within society.
The discussed verses, revealed within the context of divorce rulings, stress the necessity of the presence of two just witnesses in the process of divorce or reconciliation. Jurisprudentially, this is designed to protect the rights of both parties and prevent subsequent disputes. Psychologically, the presence of a just witness enhances the sense of security and justice during divorce proceedings and reduces potential tensions, as if the testimony acts like a bridge leading both parties from discord to calm shores.
Verses 1 and 2 of Surah At-Talaq, by emphasising impartial and just testimony, consolidate the foundations of judicial justice within the Islamic community. The concept of establishing testimony for Allah is an invitation to honesty and impartial
