SURAH AL-BAQARAH (AYAH 221 to 230)

وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّىٰ يُؤْمِنَّ ۚ وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ ۗ وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا ۚ وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ ۗ أُولَٰئِكَ يَدْعُونَ إِلَى النَّارِ ۖ وَاللَّهُ يَدْعُو إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ ۖ وَيُبَيِّنُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ {2:221}

[Q2:221] Wa laa tankihul mushri kaati hatta yu'minn; wa laamatum mu'minatun khairum mim mushrikatinw wa law a'jabatkum; wa laa tunkihul mushrikeena hatta yu'minoo; wa la'abdummu'minun khairum mimmushrikinw wa law 'ajabakum; ulaaa'ika yad'ooo ilal jannati walmaghfirati biiznihee wa yubaiyinu aayaatihee linnaasi la'allahum yatazakkaroon.

[Q2:221] And do not marry the idolatresses until they believe, and certainly a believing maid is better than an idolatress woman, even though she should please you; and do not give (believing women) in marriage to idolaters until they believe, and certainly a believing servant is better than an idolater, even though he should please you; these invite to the fire, and ALLAH (SWT) invites to the garden and to forgiveness by His will, and makes clear His communications to men, that they may be mindful.

[Q2:221] Dan janganlah kamu berkahwin dengan perempuan-perempuan kafir musyrik sebelum mereka beriman (memeluk ugama Islam); dan sesungguhnya seorang hamba perempuan yang beriman itu lebih baik daripada perempuan kafir musyrik sekalipun keadaannya menarik hati kamu. Dan janganlah kamu (kahwinkan perempuan-perempuan Islam) dengan lelaki-lelaki kafir musyrik sebelum mereka beriman (memeluk ugama Islam) dan sesungguhnya seorang hamba lelaki yang beriman lebih baik daripada seorang lelaki musyrik, sekalipun keadaannya menarik hati kamu. (Yang demikian ialah kerana orang-orang kafir itu mengajak ke neraka sedang ALLAH (SwT) mengajak ke Syurga dan memberi keampunan dengan izinNya. Dan ALLAH (SwT) menjelaskan ayat-ayatNya (keterangan-keterangan hukumNya) kepada umat manusia, supaya mereka dapat mengambil pelajaran (daripadanya).

INTER-MARRIAGE BETWEEN THE BELIEVERS IN ALLAH (SWT) AND THE IDOLATERS HAS ALSO BEEN PROHIBITED BY TAWRAT AND INJIL.

°          You must not intermarry with them, neither giving your daughters to their sons nor taking their daughters for your sons; if you do, they will draw your sons away from the Lord and make them worship other Gods. (Deut 7: 3 and 4)

°          Do not unite yourselves with unbelievers; they are no fit mates for you. What has righteousness to do with wickedness? Can light consort with darkness? (2 Corinthians 6: 14)

According to verse 30:21 of al Rum, ALLAH (SWT) created for us from ourselves spouses that we may find repose in them, AND caused between us love and compassion, THEREFORE, spiritual affinity is essential between two life-partners, which is not possible if one believes in ALLAH (SWT) and the other is an infidel who, spiritually and intellectually, is on the animal level, caught in the cobweb of falsehood, wickedness and mental retardness. It would be an unholy alliance. The infidel partner may draw the faithful away from the Lord and make him or her worship the imaginary deities and false ALLAH (SWT)’s.

¥  More often than not the children are affected by the conflicting beliefs of the parents. The risk is quite unnecessary, because any adverse response will lead directly to hell.

THE SCHOOL OF AHLUL BAYT, in view of verse 5:5 of al Ma-idah, allows temporary marriage with the women of those who received the scriptures. (See books of Fiqh for details about marriage between the various schools of thought.)

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(2:221) Do not marry mushrik women unless they believe; a slave woman who believes is better than a free woman who does not believe, even though the latter may appear very attractive to you. (Likewise) do not wed your women to mushrik men unless they believe; a slave man who believes is better than a free man who does not, even though he may be very pleasing to you. These mushrik people invite you to the Fire *237 while Allah by His grace invites you to the Garden and His pardon, and He makes His revelations plain to the people so that they should learn a lesson and follow the admonition.

*237. This is the reason for, and the wisdom underlying the injunction mentioned above prohibiting marriage links with polytheists. Marriage does not consist merely of sexual relations between a man and a woman. It is a relationship which has deep social, moral and emotional implications. If established between a believer and a polytheist, this kind of relationship has many possible outcomes. On the one hand, it is possible that because of the influence of the believing spouse, the other partner, the family and the future generations may become receptive to Islamic beliefs and to the Islamic wav of life. On the other hand, it is also possible that the spouse who is a polytheist may influence the thinking and mode of living of the believing spouse, the family and the future generations. Moreover this relationship may promote in that family a hotch-potch of Islam, downright atheism, and polytheism which, however welcome to non-Muslims, is in no way acceptable to Islam. No true believer can run the risk that either the ideas and life-styles which are organically related to atheism and polytheism may flourish among the members of his family, or that some aspect of his own life may bear the impress of atheism or polytheism. 

وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ ۖ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ ۖ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ ۖ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ ۚ إِنَّ اللَّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ {2:222}

[Q2:222] Wa yas'aloonaka 'anil maheedi qul huwa azan fa'tazilun nisaaa'a fil maheedi wa laa taqraboo hunna hattaa yathurna fa-izaa tathharna faatoohunna min haisu amarakumul laah; innallaaha yuhibbut Tawwaabeena wa yuhibbul mutatahhireen.

[Q2:222] And they ask you about menstruation. Say: It is a discomfort; therefore keep aloof from the women during the menstrual discharge and do not go near them until they have become clean; then when they have cleansed themselves, go in to them as ALLAH (SWT) has commanded you; surely ALLAH (SWT) loves those who turn much (to Him), and He loves those who purify themselves.

[Q2:222] Dan mereka bertanya kepadamu (wahai Muhammad), mengenai (hukum) haid. Katakanlah: “Darah haid itu satu benda yang (menjijikkan dan) mendatangkan mudarat”. Oleh sebab itu hendaklah kamu menjauhkan diri dari perempuan (jangan bersetubuh dengan isteri kamu) dalam masa datang darah haid itu, dan janganlah kamu hampiri mereka (untuk bersetubuh) sebelum mereka suci. Kemudian apabila mereka sudah bersuci maka datangilah mereka menurut jalan yang diperintahkan oleh ALLAH (SwT) kepada kamu. SesungguhNya ALLAH (SwT) mengasihi orang-orang yang banyak bertaubat, dan mengasihi orang-orang yang sentiasa mensucikan diri.

The natural cyclical discharge of woman is a purifying process - it removes discarded cells and purifies her body. So men have been commanded not to approach women, during the menstrual discharge, until they become clean.

°          "You shall not approach a woman to have intercourse with her during her period of menstruation. (Leviticus 17: 19)

The divine laws had been given to mankind through the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) whose life is a perfect model for the followers of the religion of ALLAH (SWT).

Ø  In Sahih Bukhari, under the chapter of menstruation, a false, baseless and disgraceful report has been narrated by one of the wives of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) to malign him, which, in fact, is a deliberate character assassination. Such kind of reporting makes clear that the followers of these schools of thought have failed to understand the true status of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad).

Yat-hurna means cessation of menstruation or the state after ghusl (bath) - for details refer to fiqh.

Min haythu amarakum means "as ordained"-see next verse.

Yuhibbul mutatahhirin refers to the purification of the body as well as the mind. Islamic instructions and restrictions bring forth mental and physical refinement, both equally important.

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(2:222) They ask about the monthly course. Say, "It is a state of impurity; *238 so keep apart from women during their monthly course and do not go near them until they are clean. *239 When they have cleansed themselves, then you may go to them in the manner Allah has enjoined you." *240 Most surely Allah loves those people who refrain from evil and keep themselves pure and clean.

*238. The Arabic word adha denotes both a state of ritual impurity and sickness. Menstruation is not merely an impurity, but also a state in which the woman is closer to sickness than to health.
*239. With regard to matters such as these the Qur'an resorts to metaphors and figurative language. Hence it instructs men not to approach women. This does not mean that people should either abstain from sitting together on the same floor or eating together when a woman has her monthly period making her virtually an untouchable, as has been the custom among the Jews, Hindus and certain other nations. The explanation of this injunction by the Prophet makes it clear that during this period men are only required to abstain from sexual intercourse; no change is postulated in other relationships, and the woman is to be treated in the normal way. (See, for instance, Bukhari, 'Hayd', 10, 'Itikaf', 2-4, 10, 19; Muslim, 'Hayd', 6-13; Abu Da'ud, 'Taharah', 102, 106 - Ed.) 
*240. The 'command' of God mentioned here is not a formal legal injunction from God, but that inherent urge with which the nature of both men and animals has been imbued and which is apprehended instinctively.
(The verse means, therefore, that after the end of the menstrual course people may again engage in sexual intercourse - Ed.) 

نِسَاؤُكُمْ حَرْثٌ لَكُمْ فَأْتُوا حَرْثَكُمْ أَنَّىٰ شِئْتُمْ ۖ وَقَدِّمُوا لِأَنْفُسِكُمْ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّكُمْ مُلَاقُوهُ ۗ وَبَشِّرِ الْمُؤْمِنِينَ {2:223}

[Q2:223] Nisaaa'ukum harsullakum faatoo harsakum annaa shi'tum wa qaddimoo li anfusikum; wattaqul laaha qa'lamooo annakum mulaaqooh; wa bash shiril mu'mineen.

[Q2:223] Your wives are a tilth for you, so go into your tilth when you like, and do good beforehand for yourselves, and be careful (of your duty) to ALLAH (SWT), and know that you will meet Him, and give good news to the believers.

[Q2:223] Isteri-isteri kamu adalah sebagai kebun tanaman kamu, oleh itu datangilah kebun tanaman kamu menurut cara yang kamu sukai dan sediakanlah (amal-amal yang baik) untuk diri kamu; dan bertaqwalah kepada ALLAH (SwT) serta ketahuilah sesungguhnya kamu akan menemuiNya (pada hari akhirat kelak) dan berilah khabar gembira wahai Muhammad) kepada orang-orang yang beriman.

Sexual relations among the human beings is a very delicate matter. The Qur’an deals with it in a manner which not only takes into consideration the physical sensuality BUT also makes certain that man should rise above the animal level and temper his sensual urges with moral and spiritual discipline. Even the language used to provide the essential guidance in this connection has been very carefully worded so as not to let the issue be described in a lewd style - the literary way and technique of the then Arabic poets.

ì  Woman is compared to tillage. The real object of conjugal union should be for the reproduction of human life for the service of the Lord.

"Do with your tillage as you like" explains "Do with them as ordained" of the previous verse, BUT keep in mind that women are a tillage, THEREFORE, dealing with it in a wasteful or unnatural way is foolish and detestable.

Ë  Qaddimu li-anfusikum means do good before-hand for your life after death, BECAUSE ultimately you will meet ALLAH (SWT).

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(2:223) Your wives are your tilth : so you may go to your tilth as you please, *241 but you should take care of your future *242 and refrain from the displeasure of Allah. Know it well that One Day you shall meet Him. (O Prophet!) bear good tidings to the Believers.

*241. That is, God's purpose in the creation of women is not merely to provide men with recreation. Their mutual relationship is like that between a farmer and his tilth. A farmer approaches his field not just for the sake of pleasure, but to acquire produce. Similarly, man ought to approach the tilth of the human race with the purpose of acquiring produce, that is, offspring. What is of concern to the Law of God is not the particular mode of cultivating one's tilth, but rather that one should go only to one's tilth and not elsewhere, and that one should go there for the purpose of cultivation.
*242. These words are susceptible to two meanings. First, that a person should try to maintain the continuity of the human race so that when he departs from this world there should be others to replace him in his tasks. Second, that one should be concerned with the quality of the coming generation, i.e., how far it is endowed with religious devotion, moral excellence and humanity, and that one should do all that is possible to promote these qualities. The latter part of the verse contains the warning that those who deliberately neglect these two duties will he severly taken to task by God.

وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِأَيْمَانِكُمْ أَنْ تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ ۗ وَاللَّهُ سَمِيعٌ عَلِيمٌ {2:224}

[Q2:224] Wa laa taj'alul laaha 'urdatal li aymaanikum an tabarroo wa tattaqoo wa tuslihoo bainan naas; wallaahu Samee'un 'Aleem.

[Q2:224] And make not ALLAH (SWT) because of your swearing (by Him) an obstacle to your doing good and guarding (against evil) and making peace between men, and ALLAH (SWT) is Hearing, Knowing.

[Q2:224] (Dan janganlah kamu jadikan nama) ALLAH (SwT) dalam sumpah kamu sebagai benteng yang menghalangi kamu daripada berbuat baik dan bertaqwa, serta mendamaikan perbalahan antara sesama manusia. Dan (ingatlah), ALLAH (SwT) sentiasa mendengar, lagi sentiasa mengetahui.

ALLAH (SWT) COMMANDS MAN TO DO GOOD. Therefore, "not to do good" cannot be justified under any pretext, not even because of swearing by ALLAH (SWT). ALLAH (SWT) cannot be made an urdah (obstacle) in the way of doing good, safeguarding against evil, and making peace between men. It is an injunction to abstain from making "swearing by ALLAH (SWT)" a pretext for withholding oneself from doing good. Good must be done at all events.

v  For example the "swearing by ALLAH (SWT)" of a husband in anger that he will not go to his wife, has been forbidden. (See also al Qalam 68:10; al Ma-idah 5:89).

Vain oath means unintentional swearing, which is a common habit with most people in their ordinary conversation. ALLAH (SWT) WILL NOT HOLD ANY ONE ACCOUNTABLE FOR VAIN OATHS, BUT HE WILL CALL HIS CREATURES TO ACCOUNT FOR THEIR REAL INTENTIONS AND WHAT THEY DO. VERBAL SWEARING HAS NO VALUE. However, swearing with full consciousness of the seriousness of the undertaking, binds the swearer to do as resolved provided the deed to be done is legal and good.

Ì  BEFORE ISLAM, it was a custom among the Arabs that when a husband avowed to discontinue conjugal relations with his wife, the wife was left in a lurch - neither a married woman nor a divorcee. The Qur’an ignores the swearing concerning disassociation with wives AND gives four months for reconsideration and reconciliation; after which, if the husband still desires separation he should divorce his wife, otherwise the wife can refer the matter to the hakim shara (competent authority on Islamic laws) and obtain freedom from the bond of marriage to wed someone else.

Fa-in- fa-u means if they return to their wives within the prescribed four months ALLAH (SWT) will forgive them.

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(2:224) Do not use Allah's name for such oaths which are taken to keep back from virtue, piety and the welfare of mankind: *243

*243. Authentic Traditions indicate that if a person takes a vow and discovers later that righteousness and common good are best served by breaking that vow then he should do so. Expiation consists in either feeding or providing clothes for ten poor people, or setting free a slave, or fasting for three days (see 5: 89).

لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَٰكِنْ يُؤَاخِذُكُمْ بِمَا كَسَبَتْ قُلُوبُكُمْ ۗ وَاللَّهُ غَفُورٌ حَلِيمٌ {2:225}

[Q2:225] Laa yu'aakhi zukumul laahu billaghwi feee aymaa nikum wa laakiny yu'aakhi zukum bimaa kasabat quloo bukum; wallaahu Ghafoorun Haleem.
[Q2:225] ALLAH (SWT) does not call you to account for what is vain in your oaths, but He will call you to account for what your hearts have earned, and ALLAH (SWT) is Forgiving, Forbearing.

[Q2:225] ALLAH (SwT) tidak mengira kamu bersalah tentang sumpah kamu yang tidak dimaksudkan (untuk bersumpah), tetapi Ia mengira kamu bersalah (dan akan mengenakan hukuman) dengan sebab sumpah yang diusahakan (disengajakan) oleh hati kamu (dengan niat bersumpah). Dan (ingatlah), ALLAH (SwT) Maha Pengampun, lagi Maha Penyabar.

(see commentary for verse 224)

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(2:225) Allah hears everything you utter and knows everything. Allah does not call you to Account for unintentional and meaningless oaths, *244 but will surely take you to task for oaths taken deliberately and in earnest: Allah is Forgiving and Forbearing.

*244. This refers to oaths which one utters either through habit or without any intent and purpose. The breach of such vows neither entails expiation nor makes man liable to God's reproach.

لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ ۖ فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ {2:226}

[Q2:226] Lillazeena yu'loona min nisaaa'ihim tarabbusu arba'ati ashhurin fain faaa'oo fa innal laaha Ghafoorur Raheem.

[Q2:226] Those who swear that they will not go in to their wives should wait four months; so if they go back, then ALLAH (SWT) is surely Forgiving, Merciful.

[Q2:226] Kepada orang-orang yang bersumpah tidak akan mencampuri isteri-isteri mereka, diberikan tempoh empat bulan. Setelah itu jika mereka kembali (mencampurinya), maka sesungguhnya ALLAH (SwT) Maha Pengampun, lagi Maha Mengasihani.

(see commentary for verse 224)

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(2:226) Those who take an oath to keep apart from their wives are given four months (for a final decision), *245 Then if they resume their relations, Allah is Forgiving and Merciful. *246

*245. In the legal terminology of Islam this is known as ila'. It is obvious that harmony and cordiality do not always prevail in matrimonial life. There are occasions when strains and tensions develop, leading to discord and estrangement. But the Law of God does not approve of that discord which causes a husband and wife, who are legally tied to one another in matrimony, to remain for all practical purposes alienated from one another as if they had ceased to be spouses. For this kind of abnormal discord and estrangement God has fixed a limit of four months during which the spouses are required either to settle their difference, or to break the tie of wedlock so that each becomes free to contract marriage with someone with whom a harmonious matrimonial relationship appears more likely.
SINCE THE VERSE mentions 'taking a vow', the Hanafi and Shafi'i jurists consider the injunction to be applicable only when a husband has taken a vow not to have sexual relations with his wife. According to them, the injunction does not apply if the husband merely forsakes sexual relations with his wife without taking any vow to that effect. The Maliki jurists are, however, of the opinion that irrespective of whether a person has taken a vow, the maximum permissible limit for abstaining from sexual relations in wedlock is four months. A statement to that effect is also attributed to Ahmad b. Hanbal. (See Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 98 ff. - Ed.)
According to 'Ali, Ibn Abbas and Hasan al-Basri, this injunction is related to the cessation of sexual relations as a result of unpleasantness in the relationship of the spouses. It would not apply, however, if a husband were to decide to abandon sexual relations with his wife out of some beneficial consideration - say because the wife is breastfeeding - at a time when their relationship was pleasant. According to other jurists, however, any vow which prevents sexual intercourse between a husband and wife is ila', and ought not to last longer than four months irrespective of the state of the matrimonial relationship when it was taken. (See Jassas, Ahkam al-Qur'an, vol. 1, pp. 355 ff - Ed.) 
*246. Some jurists have interpreted this verse to signify that if the spouses break their vow and re-establish sexual relations they will not be liable to any expiation and will be pardoned by God gratuitously. HOWEVER, the majority of jurists are of the opinion that they, are required to expiate. The statement that God is Oft-Forgiving and Merciful does not mean that God has forgiven them. IT MEANS rather that God will accept their expiation and will forgive them for whatever excesses they may have committed against each other.

وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ {2:227}

[Q2:227] Wa in 'azamut talaaqa fa innal laaha Samee'un 'Aleem.
[Q2:227] And if they have resolved on a divorce, then ALLAH (SWT) is surely Hearing, Knowing.

[Q2:227] Dan jika mereka berazam hendak menjatuhkan talak (menceraikan isteri), maka sesungguhnya ALLAH (SwT) Maha Mendengar, lagi Maha mengetahui.

TALAQ MEANS letting a woman free from the bond of marriage or dissolution of the contract of marriage. TALAQ SHOULD BE PUT TO USE ONLY WHEN RECONCILIATION IS NOT POSSIBLE IN SPITE OF BEST EFFORTS.

**TO WARN THE HUSBANDS who, unjustly and without reason, divorce their wives, the phrase "ALLAH (SWT) is surely hearing, knowing" has been added. Only Islam safeguards the interests of women.

Ø  According to the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad), of all the permissible acts, divorce is the one most disliked by ALLAH (SWT), so as to keep in check any indiscriminate use of this pragmatic sanction. THEREFORE, IN ISLAM, DIVORCE IS THE MOST LOATHSOME OF THE PERMITTED ACTS.

MARRIAGE IS AN ALLIANCE OF TWO INDIVIDUALS WHO LOVE EACH OTHER. WITHOUT LOVE AND UNDERSTANDING, IT BECOMES A SOULLESS BODY. In this situation, the sooner it is undone the better. If due to events and reasons, beyond control, day to day life of a married couple becomes a burden and a misery, separation is necessary and is an act of charity.

µ  Islam has the essential and elastic laws to deal with every type of case and circumstance and to control the harmony of the society as well as to safeguard the interest of every individual.

Divorce, though legalised by Islam, has been so controlled and restricted through the observations of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) that its indiscriminate use is not possible by those who sincerely believe in ALLAH (SWT) and follow the teachings of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) and his holy Ahlul Bayt. For them it is almost impossible to resort to divorce.

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(2:227) And if they resolve on divorce, *247 (let them remember that Allah hears everything and knows everything.

*247. According to 'Uthman, Ibn Mas'ud, Zayd ibn Thabit and others the limit for the restoration of matrimonial relations is four months. The mere termination of that period proves that the husband has decided to repudiate the marriage and so divorce automatically ensues. It will be reckoned as an irrevocable (ba'in) repudiation. This means that separation between the spouses will come into force and the husband will not have the right to revoke it during the period of waiting ('iddah). The two parties will, however, have the right to recontract marriage by mutual consent. Statements from 'Umar, 'Ali, Ibn 'Abbas, and also a statement from Ibn 'Umar, have been reported in support of this doctrine and have been accepted by the Hanafi jurists as the basis of their doctrine.
Sa'id ibn al-Musayyib, Makhul, Zuhri, and some other early jurists agree with this doctrine to the extent that divorce comes into force after four months. But they consider that the husband may revoke it during the period of waiting; and even after the lapse of that period the spouses may recontract marriage by mutual consent.
However, 'A'ishah, Abu al-Darda' and the majority of the jurists of Madina are opposed to this opinion and hold that after four months the matter should be placed before the court when the judge will order the husband either to resume matrimonial relations with his wife or divorce her. Statements from 'Umar and 'Ali as well as a statement from Ibn 'Umar have come down in support of this doctrine. This opinion has been accepted by Malik and Shafi'i. (See Jassas, vol. 1, pp. 359 f. - Ed.) 
*248. That is, if a man has abandoned his wife on unreasonable grounds, he should not feel secure from the wrath of God for He is not unaware of the excesses that he may have committed. 

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا ۚ وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ {2:228}

[Q2:228] Walmutallaqaatu yatarab basna bi anfusihinna salaasata qurooo'; wa laa yahillu lahunna ai yaktumna maa khalaqal laahu feee arhaaminhinna in kunna yu'minna billaahi wal yawmil aakhir; wa bu'oola tuhunna ahaqqu biraddihinna fee zaalika in araadooo islaahaa; wa lahunna mislul lazee 'araihinna bilma'roof; wa lirrijjaali 'alaihinna daraja; wallaahu 'Azeezun Hakeem.

[Q2:228] And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what ALLAH (SWT) has created in their wombs, if they believe in ALLAH (SWT) and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and ALLAH (SWT) is Mighty, Wise.

[Q2:228] Dan isteri-isteri yang diceraikan itu hendaklah menunggu dengan menahan diri mereka (dari berkahwin) selama tiga kali suci (dari haid). Dan tidaklah halal bagi mereka menyembunyikan (tidak memberitahu tentang) anak yang dijadikan oleh ALLAH (SwT) dalam kandungan rahim mereka, jika betul mereka beriman kepada ALLAH (SwT) dan hari akhirat. Dan suami-suami mereka berhak mengambil kembali (rujuk akan) isteri-isteri itu dalam masa idah mereka jika suami-suami bertujuan hendak berdamai. Dan isteri-isteri itu mempunyai hak yang sama seperti kewajipan yang ditanggung oleh mereka (terhadap suami) dengan cara yang sepatutnya (dan tidak dilarang oleh syarak); dalam pada itu orang-orang lelaki (suami-suami itu) mempunyai satu darjat kelebihan atas orang-orang perempuan (isterinya). Dan (ingatlah), ALLAH (SwT) Maha Kuasa, lagi Maha Bijaksana.

Quru means menstrual period. [*] The divorced woman is required to keep herself in waiting for three (3) menstrual periods, **during which the husband has to support and care for her. In the course of these three months, IF IT IS FOUND OUT that she is pregnant, then the parental propriety of the offspring is established.

ABOVE ALL, THE DOOR OF RECONCILIATION REMAINS OPEN. If there is real love between them, the husband can take the wife back before the expiry of iddat (prescribed period of waiting). SUCH A PRACTICAL ARRANGEMENT IS NOT AVAILABLE IN ANY RELIGION EXCEPT ISLAM.

THE LEGAL RIGHTS GIVEN TO WOMEN BY ISLAM BROUGHT A REVOLUTIONARY CHANGE IN HUMAN SOCIETY FOR THE FIRST TIME. So far woman was a wicked creature, the agent of the devil, and therefore was treated like a chattel, occupying the lowest position in the family and community. ISLAM GAVE WOMEN AN HONOURABLE STATUS, SIMILAR TO MEN. IT WAS A DYNAMIC CHANGE, UNKNOWN TO HISTORY, BECAUSE IT WAS NEVER EVEN CONSIDERED, IN PRE-LSLAMIC PERIOD, THAT WOMEN COULD HAVE RIGHTS OVER MEN.

µ  "But the men are a degree above women" refers to the natural differences which separate men from women. ALLAH (SWT) is all-wise, THEREFORE, particularly in the case of divorce, man can initiate the course of divorce, but a woman cannot.

SHE, NO DOUBT, CAN GO TO A QADI TO OBTAIN SEPARATION ON THE GROUND OF UNBEARABLE MALTREATMENT AND DEMAND DISSOLUTION OF MARRIAGE BY SURRENDERING HER RIGHT TO MAHAR (DOWRY). THIS PROVISION IS REASONABLE BECAUSE IT PREVENTS WOMEN FROM OBTAINING SEPARATION ON FLIMSY GROUNDS.

ISLAM GIVES WOMEN THE RIGHT OF CHOOSING HER LIFE-PARTNER. No one can compel her to accept any man as her husband. The matter lies entirely on her independent judgement. SO she does not have the right to take the initiative for annulment of wedlock. Yet she has a recourse. She can go to a mujtahid or hakim sharah and obtain separation and then marry again whomsoever she likes.

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(2:228) Divorced women must wait for three monthly courses. And it is not lawful for them to hide what Allah has created in their wombs, if they sincerely believe in Allah and the Last Day. Their husbands are best entitled to take *248 them back as their wives during this waiting period, if they desire reconciliation. *249

*249. Jurists disagree about the legal import of this verse. According to some, as long as a woman has not completed her third menstrual period repudiation will not have the effect of irrevocable divorce. This is the view of Abu Bakr, 'Umar, 'Ali, Ibn 'Abbas, Abu Musa al-Ash'arl, Ibn Mas'ud and several distinguished Companions of the Prophet. This is also the accepted doctrine of the Hanafi jurists. On the other hand, another group of jurists is of the view that, as soon as the third monthly period of a woman begins, the husband ceases to have the right to revoke the divorce. This is the view of, 'A'ishah, Ibn 'Umar and Zayd ibn Thabit, and has been accepted by, the Shafi'i and Maliki jurists. It should be clear, however, that this injunction is applicable only when the husband has pronounced single or double divorce. In case of triple divorce, the husband ceases to have the right of revocation. (See Jassas, vol. 1. pp. 364 ff. - Ed.) 

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ {2:229}

[Q2:229] Attalaaqu marrataani fa imsaakum bima'roofin aw tasreehum bi ihsaan; wa laa yahillu lakum an taakhuzoo mimmaaa aataitumoohunna shai'an illaaa ai yakhaafaaa alla yuqeemaa hudoodallahi fa in khiftum allaa yuqeemaa budoodal laahi falaa junaaha 'Alaihimaa feemaf tadat bihee tilka hudoodul laahi falaa ta'tadoohaa; wa mai yata'adda hudoodal laahi fa ulaaa'ika humuzzaa limoon.

[Q2:229] Divorce may be (pronounced) twice, then keep (them) in good fellowship or let (them) go with kindness; and it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of ALLAH (SWT); then if you fear that they cannot keep within the limits of ALLAH (SWT), there is no blame on them for what she gives up to become free thereby. These are the limits of ALLAH (SWT), so do not exceed them and whoever exceeds the limits of ALLAH (SWT) these it is that are the unjust.

[Q2:229] Talak (yang boleh dirujuk kembali itu hanya) dua kali. Sesudah itu bolehlah ia (rujuk dan) memegang terus (isterinya itu) dengan cara yang sepatutnya atau melepaskan (menceraikannya) dengan cara yang baik dan tidaklah halal bagi kamu mengambil balik sesuatu dari apa yang telah kamu berikan kepada mereka (isteri-isteri yang diceraikan itu) kecuali jika keduanya (suami isteri takut tidak dapat menegakkan aturan-aturan hukum ALLAH (SwT). Oleh itu kalau kamu khuatir bahawa kedua-duanya tidak dapat menegakkan aturan-aturan hukum ALLAH (SwT), maka tidaklah mereka berdosa – mengenai bayaran (tebus talak) yang diberikan oleh isteri untuk menebus dirinya (dan mengenai pengambilan suami akan bayaran itu). Itulah aturan-aturan hukum ALLAH (SwT) maka janganlah kamu melanggarnya; dan sesiapa yang melanggar aturan-aturan hukum ALLAH (SwT), maka mereka itulah orang-orang yang zalim.

"Divorce may be pronounced twice". These two pronouncements can be revoked. It is an effective check to prevent divorce on account of emotional outbursts and high-handedness of a husband who may recover his balance of mind and reconsider his unreasonable pronouncement.

BEFORE ISLAM, a man could divorce his wife as many times as he liked and take her back. To stop this absurd farce, only two revocable pronouncements of Talaq have been prescribed by Islam. After the third announcement, the Talaq is complete and becomes irrevocable.

Even after Talaq the husband has to treat the divorced wife with kindness. IT IS NOT LAWFUL for the husband to take back or withhold any part of what he has given to his wife or promised to give her as mahar (dowry).

»    "What she gives up to become free" refers to khula or mubarat, the recourse a wife can avail to obtain separation, explained above, by the arbitration of the hakim sharah or mujtahid, by returning the dowry if she has taken it in advance, or by foregoing it.

»    "If you fear" refers to the lawfully constituted religious authority - hakim sharah or mujtahid. If the husband revokes his decision he must keep his wife in good relationship and honour, and respect her.

THE PRONOUNCEMENT OF TALAQ MORE THAN ONCE AT A TIME IS MEANINGLESS IN VIEW OF THE "DIVORCE MAY BE PRONOUNCED TWICE" (THE OPENING WORDS OF THIS VERSE) BECAUSE IT STIPULATES CHANCES OF RECONCILIATION AFTER THE FIRST, AND IF NOT, AFTER THE SECOND PRONOUNCEMENT.

Ì  As mentioned in verse 9:97 of al Barat, "these are the limits of ALLAH (SWT)", are the divine commandments.

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(2:229) Divorce may be pronounced twice; then either the wife be kept honourably or parted with gracefully. *250 And it is not lawful for you to take back anything out of what you have given them. *251 There is, however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband. *252 These are the bounds set by Allah; therefore do not violate them, for those who violate the bounds of AIIah are the tansgressors.

*250. This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia. According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife. As a result divorce was resorted to at the least provocation and annoyance. In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else. Here the Qur'an seeks to shut the door on this injustice. According to this verse, A MAN MAY PRONOUNCE REVOCABLE DIVORCE UPON HIS WIFE NOT MORE THAN TWICE. SHOULD HE PRONOUNCE DIVORCE FOR THE THIRD TIME AFTER REVOKING IT TWICE, THE WIFE WILL BE PERMANENTLY ALIENATED FROM HIM.
The appropriate procedure for divorce, according to the Qur'an and Hadith, is that a person should pronounce one divorce outside the time of the wife's menstrual period. After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first. In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting ('iddah) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent. If the husband, however, pronounces divorce in his wife's third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage. THE PRONOUNCING OF TRIPLE DIVORCE IN ONE SESSION IS A HIGHLY SINFUL ACT ACCORDING TO THE LAW, AND THE PROPHET HAS STRONGLY DENOUNCED IT. (See Nasii, 'Talaq', 6 - Ed.) It has even been established that 'Umar used to flog those who pronounced triple divorce in one session. Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable. 
*251. This refers to the mahr (bridal gift) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim. It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift. In the Hadith this disgraceful act is likened to a dog licking its own vomit. (See Bukhari, 'Hibah', 30; Nasiii, 'Hibah', 3, etc. - Ed.)
In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill. On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift. (See verse 241 below.) 
*252. In the terminology of Islamic Law this is known as khul', i.e. a woman's securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 - Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.
The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so.
According to the majority of jurists the period of waiting under khul' is the same as under divorce. However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided. (See Ibn Kathir's commentary on the verse.) 

فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ ۗ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ {2:230}

[Q2:230] Fa in tallaqahaa falaa tahillu lahoo mim ba'du hattaa tankiha zawjan ghairah; fa in tallaqahaa falaa junaaha 'alaihimaaa ai yataraaja'aaa in zannaaa ai yuqeemaa hudoodal laa; wa tilka hudoodul laahi yubaiyinuhaa liqawminy ya'lamoon.

[Q2:230] So if he divorces her she shall not be lawful to him afterwards until she marries another husband; then if he divorces her there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of ALLAH (SWT), and these are the limits of ALLAH (SWT) which He makes clear for a people who know.

[Q2:230] Sesudah (diceraikan dua kali), itu jika diceraikan pula (bagi kali yang ketiga) maka perempuan itu tidak halal lagi baginya sesudah itu, sehingga ia berkahwin dengan suami yang lain. Setelah itu kalau ia diceraikan (oleh suami baharu itu dan habis idahnya), maka mereka berdua (suami lama dan bekas isterinya) tidaklah berdosa untuk kembali (maskahwin semula), jika mereka kuat menyangka akan dapat menegakkan aturan-aturan hukum ALLAH (SwT) dan itulah aturan-aturan hukum ALLAH (SwT), diterangkannya kepada kaum yang (mahu) mengetahui dan memahaminya.

AFTER THE THIRD, FINAL AND IRREVOCABLE PRONOUNCEMENT OF DIVORCE the husband cannot take his divorced wife back UNTIL she marries another man AND the next husband agrees to divorce her. [*] THIS IS A SUFFICIENT REASON TO CONCLUDE THAT ALL THE THREE PRONOUNCEMENTS OF TALAQ CANNOT BE SAID AT ONE TIME.

õ  The consequences of the third pronouncement check indiscriminate pronouncement of Talaq.

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(2:230) And if the husband divorces his wife (for the third time), she shall not remain his lawful wife after this (absolute) divorce, unless she marries another husband and the second husband divorces her. *253 (In that case) there is no harm if they re-marry, provided that the woman and her first husband are convinced that they will be able to keep within the bounds fixed by Allah. And these are Allah's bounds, which He makes clear for the guidance of those who know (the consequences of transgression).

*253. It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter wil divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from 'Ali, Ibn Mas'ud, Abu Hurayrah and 'Uqbah ibn 'Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim. 'Talaq', l5, 71; Nasa'i, 'Talaq', 8; Ahmad b. Hanbal, Musnad, vol. 1, P. 314 and vol. 5, p. 334; Al-Muwatta', 'Talaq', 27; Abu Da'ud. 'Talaq'. 10 - Ed.)