RULES OF SHARIAH GOVERNING MARRIAGE AND DIVORCE - 6th and last Part
"AND WHEN YOU HAVE DIVORCED WOMEN, AND THEY HAVE REACHED (THE END OF) THEIR WAITING PERIOD, THEN, EITHER RETAIN THEM AS RECOGNIZED OR RELEASE THEM AS RECOGNIZED. AND DO NOT RETAIN THEM WITH WRONGFUL INTENT RESULTING IN CRUELTY ON YOUR PART..." (SURAH AL-BAQARAH:231)
In this verse the Noble Quran commands husbands that if they wish to retain their wife it should be done "as recognized" that is, in a nice manner, and if they decide to part ways, it should be done with "Ihsan" (in fairness). What it is telling us is that Nikah is like a contract, and divorce is the termination of that contract. Just like we should enter into a contract with fairness and in a good-natured manner, similarly we should be as fair and behave as well if that contract needs to be terminated. It should not be terminated with anger and bitterness, rather in fact there is another verse of the Quran (2:236) which states that a husband should give some gift to his ex-wife at the time of divorce.
"AND WHEN YOU HAVE DIVORCED WOMEN, AND THEY HAVE REACHED (THE END OF) THEIR WAITING PERIOD, THEN, EITHER RETAIN THEM AS RECOGNIZED OR RELEASE THEM AS RECOGNIZED. AND DO NOT RETAIN THEM WITH WRONGFUL INTENT RESULTING IN CRUELTY ON YOUR PART..." (SURAH AL-BAQARAH:231)
In this verse the Noble Quran commands husbands that if they wish to retain their wife it should be done "as recognized" that is, in a nice manner, and if they decide to part ways, it should be done with "Ihsan" (in fairness). What it is telling us is that Nikah is like a contract, and divorce is the termination of that contract. Just like we should enter into a contract with fairness and in a good-natured manner, similarly we should be as fair and behave as well if that contract needs to be terminated. It should not be terminated with anger and bitterness, rather in fact there is another verse of the Quran (2:236) which states that a husband should give some gift to his ex-wife at the time of divorce.
From Ma'ariful Quran, Interpretation of Surah al-Baqarah, by Mufti Muhammad Shafi RE
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