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Marriage and Divorce: A Qur’anic Perspective
By Dr Aslam Abdullah
CA

(Triple talaq has become a very intriguing issue in Muslim juristic circles. Some 22 Muslim countries have banned this verbal triple talaq system, but others still sanction it and incorporate it into Muslim Personal Law. Can Muslims follow a system that is in conflict with the Qur’an? But to answer that question one has to look at the Qur’anic guidance on marriage and divorce. Without that one cannot construct a genuine argument.

Coming together of a man and a woman to form a family is considered the most essential religious rite in all religions of the world. A family is the foundation of a society and a center of nurturing the future generation in a safe and healthy environment. It is the nucleus of human civilization.

The Qur’an uses the word nikah for this union of a man and a woman. It literally means getting absorbed in each other the way rainwater absorbs in the earth. Hence the Qur’an describes husband and wife as each other’s Zauj (equal partner). It means that both are essential for each other in a family union as each complements the other in a manner that without one the other cannot consider himself or herself complete. It is obvious that in the absence of compatibility, family life will not be balanced and healthy.
The Qur’an describes nikah a solid contract between two adults. Thus, a marriage solemnized before adulthood is not considered a nikah in the Qur’anic explanation. In fact, the Qur’an declares the age of marriage as a mark of adulthood. “And test the orphans [under your supervision] until they reach a marriageable age.” (4:6)
The Qur’an gives absolute free choice to both men and women to select their life partner. On one hand, it tells men “then marry from among women such as are lawful or desirous to you” (4:3), while on the other it tells women that men cannot hold them against their will, “O you who have attained to faith! It is not lawful for you to [try to] become heirs to your wives [by holding onto them] against their will” (4:19)
Thus the Qur’an promotes the idea of a balanced, compatible, contractual marriage to ensure equality, dignity, and responsibility. The objective of such a union is clearly defined when in chapter four and verse 24, it says that marriage is a union of like-minded people to promote dignified relations.

The Qur’an also promotes the idea of monogamy. It does not give a free license to men to marry more than one wife. In fact, the Qur’an talks of marrying the second time only when the first wife is no longer there. “But if you desire to give up a wife and to take another in her stead,” 4:20). In other words, marrying a second time can take place only when the first wife is not there.
How can we reconcile this Qur’anic directive with another verse that occurs in the same chapter and allows men to marry more than one?

“And if you have reason to fear that you might not act equitably towards orphans, then marry from among [other] women such as are lawful to you - [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one - or [from among] those whom you rightfully possess. This will make it more likely that you will not deviate from the right course. - 4:3

1. Before that the Qur’an says:
“Hence, render unto the orphans their possessions, and do not substitute bad things [of your own] for the good things [that belong to them], and do not consume their possessions together with your own: this, verily, is a great crime.” - 4:2
In other words, marrying two, three or four women is conditional. It is not a general permission. This provision or amendment was necessitated by the then-prevailing situation. It was allowed only to ensure the protection of orphans and widows provided absolute justice is maintained in a relationship as the Qur’an made it clear “but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one.” (4:3) In other words, monogamy is the general rule.

Sometimes, some people make the argument that if the wife is barren or in terminal illness, a second wife in the presence of the first wife is allowed. This is not the intention of the Qur’an as it says, “He gives both male and female [to whomever He wills], and causes to be barren whomever He wills: for, verily, He is all-knowing, infinite in His power.” - 42:50
In other words, to be barren is not a requirement for marrying a second time.
Thus, the Qu’ran is absolutely clear on a monogamous marriage.

Divorce
Marriage (nikah) is a contract for a peaceful, balanced, and dignified relationship. The Qur’an recognizes the possibility of separation between a husband and a wife if the relationship becomes imbalanced, and undignified and differences can be irreconcilable. For this the Qur’an uses the term Talaq (divorce).

Thus, the Qur’an gives minute details of the process of separation or divorce and does not leave it to the arbitrary decision of one partner. The Qur’an first advises a husband and wife to reconcile their differences amicably on their own, and if the two fail to do so, describes an elaborate process to seek a mutually agreed solution. It says: “And if you have reason to fear that a breach might occur between a [married] couple, appoint an arbiter from among his people and an arbiter from among her people; if they both want to set things aright, God may bring about their reconciliation. Behold, God is indeed all-knowing, aware. - 4:35
In other words, an arbiter from both sides would be appointed to resolve the differences and if the arbitration council fails to help the husband and wife reconcile their differences, then they can recommend the divorce or if they have been given the authority to take a decision, they can pronounce and execute the divorce.

The decision to divorce is not an individual decision, not certainly a prerogative of men to pronounce the word talaq three times to end the relationship.

What would happen afterwards? Both husband and wife are free to marry again. However, there is a condition in this provision for the wife. She would wait for three months and if she is pregnant, she would wait until the delivery. During this time, the husband is responsible for all her expenses. A man can marry without waiting but if he wants to reconcile with his wife then he can renew the marriage contract once again during this period. Thus, the Qur’an says: “And during this period their husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives [with regard to their husbands] are equal to the [husbands'] rights with regard to them, although men have precedence over them [in this respect] And God is almighty, wise. - 2:228
The expression that “men have precedence over them [in this respect]” is an additional opportunity given to them to honor the contract. In fact, it is an additional responsibility.

After the reconciliation of the first talaq, if the relationship becomes sour and irreconcilable then the second talaq can be executed provided the process used during the first talaq is followed. However, if the talaq is sought and decreed the third time, then it would be irrevocable. A woman is entitled to marry after this third talaq and only if her second husband dies or divorces him three times, her previous husband can remarry her again.

These are the simple rules of marriage and divorce. The Qur’an does not allow its followers to decide things arbitrarily. Pronouncing the word talaq three times by the husband is not a Qur’anic decree or right. In fact, it is against the spirit of the contractual relationship and basic norms to maintain a healthy family.

But this is not what happens in our Muslim society in general. What happens is totally in contradiction to what the Qur’an says. But there are so many other contradictions in Muslim behavior when we compare it with the Qur’anic message.
We must realize that the rules governing marriage and divorce were interpolated with values that were, and are, still strong in a patriarchal society, arbitrarily decided on the basis of the opinions of human beings. These rules have nothing to do with the divine guidelines. It is, thus, imperative to develop an honest and accurate understanding of the Qur’an and discard interpolation that has occurred over the centuries.

Giving men the absolute right to verbally terminate the family by simply saying, "I divorce you three times in one sitting or in three separate sittings" is nothing but a reassertion of the old patriarchal system that allowed men to dictate their terms upon their women. It is illogical, unjust, and contrary to divine wisdom. This custom is responsible for ruining the lives of millions of women who have suffered silently at the altar of what is called religion. This custom needs to be analyzed in the light of the Qur’an and amended and changed because it is in clear violation of divine justice.

(Dr Aslam Abdullah is a resident scholar at Islamicity.org and editor-in-chief of the Muslim Observer newspaper. He is also the Indian Islamic Heritage Project director of the American Federation of Muslims of Indian origin and the interim President of the World Council of Muslims for Interfaith Relations, WCMIR.)