Baqarah 236-237
236- THERE IS NO BLAME UPON YOU IF YOU DIVORCE THE WOMEN BEFORE TOUCHING THEM OR THE DOWRY WAS AGREED UPON, BUT YOU SHOULD GIVE THEM A GIFT, THE WEALTHY ACCORDING TO HIS MEANS AND THE POOR ACCORDING TO HIS MEANS, IN KINDNESS, A DUTY UPON THE PIOUS.
237- BUT IF YOU DIVORCE THEM BEFORE YOU TOUCH THEM, BUT AFTER AGREEING A DOWRY, THEN GIVE THEM HALF WHAT YOU AGREED UPON, UNLESS THEY FORGO, OR HE WHO HAS THE TIE OF THE MARRIAGE IN HIS HAND (the husband) FORGOES, AND FOR HIM TO FORGO IS NEARER TO PIETY, AND DO NOT FORGET THE KINDNESS AND FAVOURS BETWEEN YOU, FOR ALLAH SEES ALL THAT YOU DO.
These two Ayahs give us instructions regarding two situations in which divorce takes place before the marriage was consummated:
- If no dowry was agreed yet; then the man (husband) should give his divorced wife a financial compensation in place of the dowry. Each person should give according to his means.
- If a dowry was agreed, then the divorced wife is entitled to half of it. She may choose to forgo her half and not take any of it. On the other hand the man may forgo his half and give her the whole dowry complete. Allah the Highest is telling us that this is the closest to piety.
A man divorcing a woman before marriage is consummated should keep in mind that if he does that for no fault of her own, he has done her a great injustice and should compensate her generously.
The husband is the one who has the tie of the marriage in his hand for he marries and divorces and take the woman back during Edda. Ibn Jarir reported that Allah’s messenger prayer and peace upon him said: “The one in charge of the tie of the marriage is the husband”
“AND DO NOT FORGET THE KINDNESS AND FAVOURS BETWEEN YOU, FOR ALLAH SEES ALL THAT YOU DO”
Allah the Highest is reminding us that we should deal with each other with kindness and generosity at the difficult time of divorce. We should not let anger and bitterness make us act unjustly or against our nature and Allah’s commands. We should remember Allah’s messenger’s Hadith when he prayer and peace upon him said: “The example of the believers in their affection to each other, mercy to each other, and kindness to each other, is that of the a body, should an organ of it suffers, the rest of the body will suffer loss of sleep and fever”. (B: Adab; 27 & M: Ber; 66)
B: Bukhari M: Muslim Mal: Malek A: Ahmed D: Abu Dawood
Da: Daremy Ma: Ibn Magah N: Nesae T: Termezi