Sunday, December 9, 2012

ISLAMIC LAW ON DIVORCE (VERSE 2:232)


Assalam oalaikum,

 In verse 2:232 of the Holy Quran, Allah (swt) says,

‘And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him amongst you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not’.

The background of the revelation of this verse is that during the time of Prophet Mohammad (saw), Maqil-b-Yasar’s sister was divorced by her husband. Her husband later on changed his mind and wished to reunite with her. However, Maqil got furious and he did not give his consent to this patch up.
This verse hints at the fact that the consent of the Wali/guardian is essential for the marriage of a woman. This Quranic interpretation can be confirmed by many ahadith also.
Hazrat Abu Musa (ra) reported that Allah (swt)’s Messenger (saw) said, ‘Marriage is not performed if the (consent of the guardian) is not there’.
Hazrat Ayesha (ra) reported that Prophet Mohammad (saw) said, ‘If any woman marries without the consent of her guardian, then her marriage is void. Her marriage is void. Her marriage is void’.

In this verse Allah (swt) had addressed the guardians of the divorced women and has ordered them not to misuse their guardianship rights. The guardians/wali have been asked not to forcibly stop the woman from marrying their former husbands if both of them agree to reconcile is a reasonable way.  The guardians are not supposed to impose their will on the woman, as such.
If the guardian forces the woman to marry somewhere against her wish, then Shariah has empowered such women to get their marriage dissolved through the Shariah court.

So in the verse 2:232 Allah (swt) has Commanded the guardians of the divorced women not to stop them from marrying their former husbands, in case both of them agree to reunite in an acceptable manner. Allah (swt) is All-Knowing whereas we do not know the facts. Therefore it is virtuous and purer for us to obey Allah (swt)’s Commandments.


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

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