Overview - Surah 65: at-Talaq (The Divorce )

Overview  (Verse 1)

The Process of Divorce

Prophet! When you divorce women, divorce them with a view to their prescribed waiting period, and reckon the period accurately. Be conscious of God, your Lord Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency. These are the bounds set by God. Whoever transgresses God's bounds wrongs his own soul You never know; after that, God may bring about some new situation. (Verse 1)

This is the first stage and the first rule. It is addressed in the first instance to the Prophet, but it is soon realized that it is a general rule
 
applicable to every Muslim, not to the Prophet in isolation. In the sentence starting with, 'when you divorce women', the pronoun 'you' is used in the plural form throughout. This stylistic form is employed to alert attention and imply the seriousness of the matter under discussion. God addresses it to the Prophet in person, giving him His instructions and directives, so that he will, in turn, deliver it to those who follow him. The psychological impact achieved in this way is both strong and clear.

"When you divorce women, divorce them with a view to their prescribed waiting period." (Verse 1) An authentic hadith related by al-Bahia explains this directive: " `Abdullah ibn Umar divorced his wife when she was in the midst of her menstrual period. “Umar mentioned this to the Prophet who was clearly angry. He said to 'Umar 'Tell him to take her back and keep her until she has finished her period, then through her cleanliness cycle and her next menstrual period. When she is clean again if he still wants to divorce her, he should do so before he has intercourse with her. This is when the waiting period which God has ordained starts." Muslim also relates this hadith but the last sentence in his version runs as follows: "This is the start of the waiting period which God ordered that women should be divorced with a view to."

It is clear, then, that there is a time when the divorce process can rightly start. A man cannot divorce his wife at any time; he can only do so when his wife is in a period of cleanliness from menstruation during which they have had no sexual intercourse. Other statements indicate that there is another time when the divorce process can be started, which is if the woman is clearly pregnant. The purpose behind limiting the time to these two situations is to delay the divorce for a while after the man has decided to so separate from his wife. During this time, tension may subside if it is of a transitory type and the couple may resume a normal life together. On the other hand, it also ensures that the woman is not pregnant before they embark on divorce. After all, a man may be inclined not to divorce his wife when he learns that she is pregnant. If he still resorts to divorce when he has become aware of her pregnancy, this means that his mind is made up. To sum up, the condition that the wife should be in cleanliness from menstruation without any intervening sexual intercourse is so as to ensure that she is not pregnant, and the condition that the pregnancy should be clearly determined is to ensure that the man is aware of it. This, then, is the first attempt to deal with cracks in the family structure, and to stop the axe that seeks to destroy it.'

Yet this does not mean that divorce does not occur except in these two periods; it occurs whenever it is pronounced,6 but it will be frowned upon by God, and it will incur the anger of God's Messenger. This is sufficient for a good believer to hold on and riot to pronounce the word of divorce until the appropriate time, leaving the matter to God to determine its outcome as He pleases.

"And reckon the period accurately." This is important, so that the waiting period is not made too long as to harm the divorcee, preventing her from remarriage after her waiting period is over. On the other hand, the first purpose of making sure that she is not pregnant will not be properly fulfilled if the waiting period is cut short. Moreover, this directive implies the seriousness of the matter and that God watches us and requires those involved to be careful at every step.

"Be conscious of God, your Lord. Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency." (Verse 1) This is the first caution that follows the address. It is given by God to emphasize the need to maintain fear of Him in all situations. This caution is stated before the order not to turn divorced women out of their homes. Although these are their husbands' homes, they are called here `their homes' so as to emphasize the woman's right to stay there during the waiting period. Women must not be driven out of these homes; nor should they leave of their own accord, except in a situation where a divorcing woman commits a flagrant indecency. Reports suggest that such an indecency might entail adultery and the need for the woman to receive her punishment, or it might entail her causing harm to her husband's family, or rebellion against her husband and doing what harms him, even though he is a divorcing husband. The purpose of the woman staying in her husband's home is to allow every chance for reconciliation and the reawakening of tender feelings and memories of shared things between the couple. This situation means that the couple will be apart because of the divorce that has been set in process, yet they are close physically. Should she sink so low that she commits adultery, or should she cause harm to her husband's family or rebel against him, this leaves no room for the reawakening of compassionate feelings. Nor is there any need for her to stay with her husband any longer. In fact, their proximity would only deepen the break, rather than heal it.

"These are the bounds set by God. Whoever transgresses God's bounds wrongs his own soul." (Verse 1) This is the second warning. It is God who watches the implementation of this rule. Would any believer deliberately contravene the bounds God sets in place? To do so would be to bring ruin to those involved. "Whoever transgresses God's bounds wrongs his own soul." He exposes himself to God's anger. He wrongs himself by wronging his wife, when the two are created from a single soul. Thus any wrong that befalls her rebounds on him also. Besides, "you never know; after that, God may bring about some new situation." (Verse 1) This is an inspiring statement. Who knows how God's order to divorced woman to observe a waiting period during which she stays in her husband's home will work to fulfil His will? This order gives a little hope and kindles a faint light that may yet bring about an immeasurably good result. Things may change, and conflict may give way to reconciliation and contentment. God's will is always active, changing things and creating new situations. To submit to His will and observe His orders is for the better. Being conscious of Him and always on our guard lest we do what is sinful ensures an abundance of goodness.

People tend to think only of the present moment and the situation they are in with all its circumstances and difficulties. They may not look up to the future, remaining imprisoned within the present moment feeling that it will continue for ever. They feel that what they are going through now will be their permanent lot. This sort of psychological imprisonment can be terribly detrimental. Yet the truth is different, because God's will always changes things and brings about what people have never thought possible. It opens up hope, bringing ease after hardship. God initiates at any moment situations that might never have been dreamt of.

God wants this truth to be clearly understood by us so that we will continue to look up with hope to what He puts before us. We must always be optimistic, thinking of what He may grant us and what prospects He opens before us. We should always remember that the next moment can bring something beyond our wildest dreams: "You never know; after that, God may bring about some new situation." (Verse 1)