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The Divorce]
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Quran 2: 227. For a those who intend to desert their wives, they shall wait four months; if they change their minds and revert [and take their wives back], then God is Most Forgiving [for them], Most Merciful [to their wives.]
[But if the husband insists on the separation, and he does not go back in his word, then the wife will have the right to demand the divorce, and the judge shall oblige the husband to divorce her if he does not agree about coming back to his wife. This is the meaning of His saying – be glorified – in the following aya:]
228. But if they resolve on the divorce, then surely God is All-Hearing [of their words], All-Knowing [about their deeds.] a a
229. Divorced women shall wait [in home, before marrying another man] for three [menstrual] periods b.
It is not lawful for them to conceal what [fetus] God has created in their wombs c,
if [truly] they believe in God and the Last Day d.
And their husbands have the right better [than others] to restore them in such case e,
if the [husbands] like to set things properly f.
And [wives] have rights [over their husbands] similar to those [of their husbands] over them, with appropriate way g;
but the men have an authority [to be obeyed] over them h.
God is All-Mighty i,
Most Wise j.}
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a The addressing is to the Prophet and judges; it implies: the statement for those who intend and determine to desert their wives because they dislike them; and one of them say: "I have decided that I shall never bring my wife back", or say: "I have determined that I shall not bring my wife to my house, but she should stay with her family forever; or he assigns for her a period of time and say: for seven years or more or less; even if he swears for that, then his oath is regarded as vain talk, and is not taken into consideration, unless he swears for a period of less than four months; in such instance it should be fulfilled and he should not break his swearing. So the statement for such men is that the wife waits for four months, i.e. his wife waits for him with her family for four months. So after this period, the husband should return her to his house and reconcile with her.
a a [While the statement for
the imprisoned with four years and over; he should divorce his wife if she is young not old, that is in case she agrees about the divorce.
But if he does not divorce her, and in case the wife wants the divorce; then the judge shall divorce her by force.
So if he comes out of prison after elapsing of the [stated prison] period, to find his wife not married to another man, and it is the first divorce or the second, then he can marry her once again.
While the man who divorced his wife twice, then he restored her before he was imprisoned, then the choice of the third divorce shall be by the hand of the wife: if she wants the divorce, he shall divorce her; and if she wants to stay as his wife until he comes out of prison; and in both cases, the choice of the divorce is by the hand of the wife for the man imprisoned for four years and over.
As regards the absent man, and about whose fate nothing is known whether he is dead or he is living: like the one who goes to war and does not return or nothing is known about him, or the captive by the hand of the enemy and nothing is known about him or another one who is absent from his family and does not return: these will also have four months period, then when the period elapses and the husband does not come back, the wife shall have the right to demand the divorce from the judge; so that the father, grandfather, uncle or his companion (in case the husband has no living father or grandfather) shall do the divorce, or [even] his deputy or guardian or the men among his heirs.
So the judge shall assign one of the kindred of the lost husband, as his deputy and guardian in order that the deputy and the judge shall carry out the divorce of the wife and write for her the bill of the divorce and give it to her, and that is after proving by witnesses and evidences that her husband is lost since four years and nothing is known about him, neither has any message nor has any information been received about him.
On the other hand, if it is known that the husband is living, or a message is received from him, and he refuses to come back, then the judge shall send him a warning that if he does not come back to his family after forty days, then the judge will divorce his wife. Then if he does not return after that stated period, neither does he send his wife any answer, then the wife shall have the right for the divorce.
Afterwards if the husband returns to find his wife not married to another man, then he will have the right to take her back, but if he finds her married to another man, then he will not have any right to take her back and she will stay as a wife of the new husband.
In summary, the separation should not last more than four:
>> for the present husband: four months then either the return or the divorce.
>> And the lost or prisoned husband: four years after which either the return or the divorce.
While the statement of the inheritance for the wife whose wife is lost or nothing is known about him: she inherits her husband starting from the first day of his absence: she will have the eighth if her husband has a son; and she will have the fourth if her husband has no son; and her right in the inheritance will not be dropped unless her husband returns and it is evident that he is alive.
Moreover, her divorce by the judge or her marrying another man does not drop her right of the inheritance:
>> if her husband is alive, the inheritance will be instead of the Nafaqa : [the due money given to the woman after the divorce],
>> and if he is dead, then she is more worthy of the inheritance.
b i.e. she shall stay at home waiting [without marrying another man] until three menstruations will elapse; while the woman who has no menstruation, then her waiting time will be three months; according to His saying – be glorified – in the Quran 65 : 4, which means:
(As for your women who have despaired of further menstruation [because of a disease or affliction], if you are in doubt [concerning their pregnancy], their prescribed period [or interim or Idda] shall be three months, as [shall the interim be of] those [old women or after the menopause] who menstruate not.)
It means: Either of 'women who have despaired of further menstruating [e.g. because of a disease]', and '[old women] who menstruate not' at the time of divorcing them; each one of all such women has (the Idda: or the stated period) of three months.
c Because some of divorced women hates her husband, therefore she conceals her pregnancy lest she should be returned to her husband after the divorce; or because she loves another man whom she likes to marry, so she conceals her pregnancy: because the husband has the right to restore his divorced wife in case she is pregnant, and she has no right to refuse that even after elapsing of the Idda
the stated time following the divorce.)
While the non-pregnant whose Idda has elapsed, the choice will be of the wife: if she agrees to return, she may return to him; and if she likes to marry another man, then she will marry as she likes.
d i.e. if truly she believes in God and in the judgment and punishment of Doomsday, then she must not conceal her pregnancy, because God will punish her. This sentence is for frightening and threatening with punishment for the divorced women who conceal their pregnancy.
The "Last Day" is Doomsday, which has been explained in the Quran 2: 126.
e i.e. the husband of the divorced woman is more worthy – than others are – to restore her during the period of the Idda, and more worthy of her if she is pregnant even though after the Idda, but on condition …if the [husband] likes to set things rightly.
f between them and their wives with friendly dealing, giving the Nafaqa [: the due money of the divorce] and offering her the required dresses as he can afford.
g i.e. with the proper thing that the husband can afford: like the Nafaqa [: the due money of the divorce], the dressing, the good friendly dealing, spending the night with her, so that he does not leave her and go to the adulteresses [and prostitutes], and he should not betray her with adultery or homosexuality, just as he dislikes that she may betray him.
h i.e. the wife should obey her husband, so that she does not go out of the house unless he allows her to do so, and she should obey him and comply to his orders excepting that which God forbids; but in case she disobeys his orders, then she is a Nashiz (i.e. haughty disobedient.)
i In His kingdom: He punishes those who contradict His statements.
j With His statements, so that He does not command you but only with that which is proper for you.
The interpretation is by Mohammed-Ali Hassan Al-Hilly.
