Commentary on Surah al-Talaq 65:1 — The Proper Time of Divorce

سورۃ الطلاق — آیت ۱

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا

(Al-Talaq 65:1) "O Prophet, when you (Muslims) divorce women, divorce them for the commencement of their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their homes, nor shall they leave, unless they are committing a clear immorality. And those are the limits of Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that some new matter."

Ya ayyuha al-nabiyyu: O Prophet! This address is to the Prophet, peace be upon him, but the ruling applies to all Muslims. Iza tallaqtum al-nisa': when you divorce women. Fa-talliqu hunna li-'iddatihinna: then divorce them for their 'iddah — meaning at an appropriate and proper time so they can begin counting their 'iddah. Wa-ahsu al-'iddata: and keep count of the 'iddah. Wa-ittaqu Allaha rabbakum: and fear Allah, your Lord — be mindful of Him with full taqwa. La tukhrijuhunna min buyutihinna: do not expel them from their homes — the wives should remain in the marital home. Wa-la yakhrujna: and they themselves should not leave. Illa an ya'tina bi-fahishatin mubayyinah: unless they commit a clear indecency. Wa-tilka hudud Allah: and these are Allah's limits. Wa-man yata'adda hudud Allah: and whoever transgresses Allah's limits. Faqad zalama nafsahu: has indeed wronged himself — he has committed injustice upon his own soul. La tadri la'alla Allaha yuhdith ba'da dhalik amran: you do not know — perhaps Allah will bring about something new after this.

Translation: O believers! When you commence (i.e., decide to give) divorce, give the divorce at the beginning of the menstrual cycle of purity (i.e., outside of menstruation) so the counting of 'iddah can begin. Keep the days of the 'iddah in count. Fear your Lord and remain in God-consciousness. Do not expel your wives from their homes — the wives should not leave their home except in cases of clear indecency. These are the limits of Allah. Whoever transgresses them has wronged himself. You do not know — it may be that Allah brings about some matter afterward.

It is made clear that divorce is only from the Muslims — a man gives divorce and a woman can seek to be free (talabi). Islam is a liberation for both men and women. When it becomes impossible for a husband and wife to live together, then the best resolution is divorce. But our wives — what is done with them? Their mahr is not paid throughout one's life. For the woman's sake, talaq cannot be given. If you give a small mahr, the woman might as well be free. The poor woman is kept bound by a huge mahr. This situation has been imposed upon us by the British. It is eating at our wealth and our state. It is better to avoid this and seek a remedy.

Today the custom of men's oppression has been widespread — and women are seeking relief. The Shari'ah methods are barely known. The existing laws are barely giving women their rights. If one looks at Europe and America, women there are educated at a higher level. But if women increase their mental ability and effort, then a woman who has reached such a distinction will end up being the ruler of men. General law gives women the right to rule over men as well. This is Islam — not democracy. Islam gives these rights to women according to the Qur'anic word bil-ma'ruf — in accordance with established recognized convention. In this time a new phenomenon has been introduced in Islam — for us to act on the Islamic principles.