وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍۢ ۚ وَلَا تُمْسِكُوهُنَّ ضِرَارًۭا لِّتَعْتَدُوا۟ ۚ وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ وَلَا تَتَّخِذُوٓا۟ ءَايَٰتِ ٱللَّهِ هُزُوًۭا ۚ وَٱذْكُرُوا۟ نِعْمَتَ ٱللَّهِ عَلَيْكُمْ وَمَآ أَنزَلَ عَلَيْكُم مِّنَ ٱلْكِتَٰبِ وَٱلْحِكْمَةِ يَعِظُكُم بِهِۦ ۚ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌۭ
And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.
Commentary:
In the previous two verses, it will be recalled, important rules of the law of talaq (divorce) were given. Also delineated there was the just and moderate system of divorce in Islam. Now some other relevant injunctions and rulings have been mentioned in the verses under discussion (231 - 232).
Special instructions for revocation of divorce
or annulment of marriage
The first rule given in the first verse is: When women divorced revocably reach near the completion of their ` iddah (waiting period), the husband has two choices; either he may revoke his divorce and let her continue to be married to him or he may not revoke his divorce, discontinue the nikah relationship and release her totally.
But along with both these choices, the noble Qur'an places a restriction which requires that a wife, if retained, must be retained in accordance with a manner well-recognized and should it come to a parting of ways, even then, the parting should be in accordance with the rule as approved by the Shari'ah. Here, the word (in fairness), which appears separately at both the places, suggests that there are some conditions and rules governing the choice of retaining, similarly as there are, in the choice of releasing. When choice is made from either of the two options, it must be done in accordance with the method prescribed by the Shari` ah and not under the heat of spot anger or sentiments. Some of these rules of Islamic law appear in the Qur'an itself. Rest of the details have been given by the Holy Prophet ﷺ
For instance, should the thought of ugly consequences of separation after the incident of divorce produce a change of heart in favour of revoking it and keeping the marriage intact, then the Shari'ah has a method. It stipulates that the purpose in doing so should be to wash out past anger and displeasure and resolve to live anew in good family relationship with intention to give her the due rights. The purpose should not be to hold the woman in captivity or to harass and torture her. Therefore, the following words were said in the verse under reference: وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا ، that is, 'do not retain them with intent to harm them unjustly'.
The other method of rajah (revocation) has been mentioned in
Surah Al-Talaq:
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّـهِ
And let two trustworthy persons from amongst you be witnesses; then, let witness be given if needed, precisely for the sake of Allah, (without fear or favour). (65:2)
It means that anyone intending to take his wife back by raj'a راجع (revocation) should invite two trustworthy Muslims to act as witnesses. Out of the many advantages it has, one is the possible use of these witnesses in case there is a legal claim against raj’ a راجع filed by the woman.
Moreover, if the rule of having witnesses on raj’ a راجع is not observed there is a possibility that someone, out of selfishness or Satanic instigation, comes up with a claim, even after the ` iddah has expired, that he had already done his raj’ a راجع (revocation) before the expiry of ` iddah (waiting period).
In Order to eradicate these evils, the Holy Qur'an has directed that …