Surah At-Talaq

Taqwa of Allah is the cause for sound family life and a strong Ummah.

In order to understand the commandments of this Surah, it would be useful to refresh one’s memory about the instructions which have been given in the Qur’an concerning divorce and the waiting period (‘iddah) above.

“Divorced women remain in waiting (i.e., do not marry) for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this (period) if they want reconciliation.”

“Divorce is twice. Then (after that), either keep (her) in an acceptable manner or release (her) with good treatment.” (2:229) “And if he has divorced her (for the third time), then she is not lawful to him afterward until (after) she marries a husband…” (2:230) “O you who have believed, when you marry believing women and then divorce them before you have touched them (i.e., consummated the marriage), then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.” (33:49) “And those who are taken in death among you and leave wives behind they, (the wives, shall) wait four months and ten (days).” (2:234)

The rules prescribed in these verses were as follows

1. A man can pronounce at the most three divorces on his wife.
2. In case the husband has pronounced one or two divorces, he is entitled to take the woman back as his wife within the waiting period and if after the expiry of the waiting period the two desire to re-marry, they can re-marry.

But if the husband has pronounced three divorces, he forfeits his right to keep her as his wife within the waiting period, and they cannot re-marry unless the woman remarries another husband and he subsequently divorces her of his own free will.

1. The waiting period of the woman, who menstruates and marriage with whom has been consummated, is that she should pass three monthly cycles.

The waiting period in case of one or two divorces is that the woman is still the legal wife of the husband and he can keep her back as his wife within the waiting period. But if the husband has pronounced three divorces, this waiting period cannot be taken advantage of for the purpose of reconciliation, but it is only meant to restrain the woman from re-marrying another person before it comes to an end.

1. There is no waiting period for the woman, marriage with whom has not been consummated, and who is divorced even before she is touched. She can re-marry, if she likes, immediately after the divorce.
2. The waiting period of the woman whose husband dies, is four months and ten days.

Here, one should understand well that this Surah was not sent down to annul any of these rules or amend it, but it was sent down for two purposes:

First, that the man who has been given the right to pronounce divorce should be taught such judicious methods of using this right as do not lead to separation, as far as possible however, if separation does take place, it should only be in case all possibilities of mutual reconciliation have been exhausted. For in the Divine Law provision for divorce has been made only as an unavoidable necessity; otherwise, Allah does not approve that the marriage relationship, that has been established between a man and a woman should ever break. The Prophet ﷺhas said “Allah has not made lawful anything more hateful in His sight than divorce.” And: “Of all the things permitted by the Law, the most hateful in the sight of Allah is the divorce.” The second objective was to complement this section of the family law of Islam by supplying answers to the questions that had remained after the revelation of the commandments in Surah 2: al-Baqarah (The Cow). So, answers have been supplied to the following questions: What would be the waiting period of the women, marriage with whom has been consummated and who no longer menstruate, or those who have not yet menstruated, in case they are divorced? What would be the waiting period of the woman, who is pregnant, or the woman whose husband dies, if she is divorced? And what arrangements would be made for the maintenance and lodging of the different categories of divorced women, and for the fosterage of the child whose parents have separated on account of a divorce?80