Surah 2. Al-Baqara

250This brief verse was meant to reform a serious social evil common in Arabia before the advent of Islam. A husband was allowed to pronounce divorce as often as he pleased. Whenever his relations were strained with his wife, he would pronounce a divorce and then reunite as and when it suited him. As there was no limit to this, it was repeated over and over again. Thus the wife could neither have conjugal relations with him nor was free to marry anyone else. This verse of the Qur'an shuts this door of cruelty. During his whole married life, a husband may use the right of divorce and reunion with one wife only twice. After that whenever he pronounces divorce for the third time, wife shall be separated from him permanently.

In order to check hasty action and leave the door open for reconciliation at many stages, the right method of pronouncing divorce as taught in the Qur'an and the Traditions is that if and when it becomes inevitable, it should be pronounced only when she is not in her menses and even if a dispute arises during the monthly period, it is not right to pronounce divorce during that condition, but he should wait for her to cleanse herself and then may pronounce a single divorce, if he so likes. Then he should wait for the next monthly course and pronounce the second divorce if he so wishes after she is cleansed. Then he should wait for the next monthly course to pronounce the third and final divorce after she is cleansed. It is, however, better to wait and reconsider the matter after the first and second pronouncements, for in the case of one or two divorces, the husband retains the right to take her back as his wife before the expiry of the term, and even if the term has expired, the couple has a chance to remarry by mutual consent. But if divorce is pronounced for the third time in the third period of purity, the husband forfeits the right to take her back nor can the couple remarry.

As for those ignorant people who pronounce all the three divorces in one and the same sitting, they commit a heinous sin against the Law. The Holy Prophet (upon whom be peace) has very severely denounced this practice and Hadrat `Umar used to whip the husband who pronounced three divorces at one and the same sitting.

251The husband has no right to demand anything of the dower given to the wife in consideration for the marriage or ornaments, clothes etc., given to her as gifts. It is utterly against the moral principles of Islam to ask for the return of anything given to another as a present or gift. The Holy Prophet has likened this disgraceful behaviour to the licking up of his own vomit by the dog. It is indeed very shameful on the part of a husband to keep back or demand, after the divorce, what he himself gave to his wife. As a matter of fact Islam exhorts the husband who divorces his wife to give her something at her departure. (Please see AI-Baqarah, II : 241).

252When divorce is obtained by the wife from her husband by compensation, it is called khula' in the Islamic Law. If the husband and the wife agree between themselves on some terms regarding this, the same shall be enforced. But if the case goes to the court, it will first of all try to ascertain whether the wife really dislikes her husband so much that she cannot live with him any longer. Then if the court is satisfied that they cannot live together happily, it shall fix as compensation anything that it considers proper, and the husband shall have to accept that and divorce his wife. The jurists are generally of the opinion that the compensation should not exceed the dower given by the husband.

In such a case, the husband forfeits the right of reunion after the divorce because it has been bought, so to speak, by the wife. Of course, it is lawful for them to remarry with mutual consent.

According to the majority of Muslims, the term for the wife in the case of khula' is the same as that of divorce. But Abu Da'ud, Tirmidhi, Ibn Majah and others have related Traditions to the effect that the Holy Prophet prescribed only one monthly course as the term for the wife after the divorce, and Caliph `Uthman decided a case in accordance with this. (Ibn Kathir, Vol. I, p. 276)