Surah 2. Al-Baqara, Ayah 229

Lit., "whereupon either retention in fairness or release in a goodly manner". In other words, a third pronouncement of divorce makes it final and irrevocable.

All authorities agree in that this verse relates to the unconditional right on the part of the wife to obtain a divorce from her husband; such a dissolution of marriage at the wife's instance is called khul'. There exist a number of highly-authenticated Traditions to the effect that the wife of Thabit ibn Qays, Jamilah, came to the Prophet and demanded a divorce from her husband on the ground that, in spite of his irreproachable character and behaviour, she "disliked him as she would dislike falling into unbelief after having accepted Islam". Thereupon the Prophet ordained that she should return to Thabit the garden which he has given her as her dower (mahr) at the time of their wedding, and decreed that the marriage should be dissolved. (Several variants of this Tradition have been recorded by Bukhari, Nasa'i, Tirmidhi, Ibn Majah and Bayhaqi, on the authority of Ibn 'Abbas.) Similar Traditions, handed down on the authority of 'A'ishah and relating to a woman called Hubaybah bint Sahl, are to be found in the Muwatta' of Imam Malik, in the Musnad of Imam Ahmad, and in the compilations of Nasa'i and Abu Da'ud (in one variant, the latter gives the woman's name as Hafsah bint Sahl). In accordance with these Traditions, Islamic Law stipulates that whenever a marriage is dissolved at the wife's instance without any offence on the part of the husband against his marital obligations, the wife is the contract-breaking party and must, therefore, return the dower which she received from him at the time of concluding the marriage: and in this event "there shall be no sin upon either of them" if the husband takes back the dower which the wife gives up of her own free will. An exhaustive discussion of all these Traditions and their legal implications is found in Nayl al-Awtar VII, pp. 34-41. For a summary of the relevant views of the various schools of Islamic jurisprudence, see Bidayat al-Mujtahid II, pp. 54-57.

 A husband may separate from his wife after each of the first two counts of divorce or at the end of her waiting period (see 65:1-5) with dignity. If he chooses to stay with her after the first two counts of divorce then divorces her a third time, the marriage is terminated at the end of her third waiting period. The wife will have to marry and divorce another man before she can be remarried to her ex-husband (see 2:230). However, a woman marrying someone with the intention of getting divorced, in order to return to her first husband, is forbidden.

 The “limits of Allah” implies fidelity to one’s spouse according to Allah’s commands.

 If the wife does not want to continue in the marriage for legitimate reasons, then she can return the dowry (mahr) to the husband in compensation for divorce. This ruling is called khul’.

Wrong (themselves as well as others): Zalimun: for the root meaning of zulm see n. 51. ii. 35.

Where divorce for mutual incompatibility is allowed, there is danger that the parties might act hastily, then repent, and again wish to separate. To prevent such caprisious action repeatedly, a limit is prescribed. Two divorces (with a reconciliation between) are allowed. After that the parties must definitely make up their minds, either to dissolve their union permanently, or to live honourable lives together in mutual love and forbearance - to "hold together on equitable terms," neither party worrying the other nor grumbling or evading the duties and responsibilities of marriage.

If a separation is inevitable, the parties should not throw mud at each other, but recognise what is right and honourable on a consideration of all the circumstances. In any case a man is not allowed to ask back for any gifts or property he may have given to the wife. This is for the protection of the economically weaker sex. Lest that protective provision itself work against the woman's freedom, an exception is made in the next clause.

All the prohibitions and limits prescribed here are in the interest of good and honourable lives for both sides, and in the interests of a clean and honourable social life, without public or private scandals. If there is any fear that in safeguarding her economic rights, her very freedom of person may suffer, the husband refusing the dissolution of marriage, and perhaps treating her with cruelty, then, in such exceptional cases, it is permissible to give some material consideration to the husband, but the need and equity of this should be submitted to the judgment of impartial judges, i.e., properly constituted courts. A divorce of this kind is called khula.