Sura -2 [Al-Baqara, Medina 87]

The Quranic Text & Ali’s version

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ...

2:228. Divorced women shall wait concerning themselves for three monthly periods,

... وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ ...

nor is it lawful for them, to hide what Allah hath created in their wombs,

... إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ...

if they have faith in Allah and the Last Day.

... وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا...

And their husbands have the better right to take them back in that period, if they wish for reconciliation.

C254. Islam tries to maintain the married state as far as possible, especially where children are concerned, but it is against the restriction of the liberty of men and women in such vitally important matters as love and family life. It will check hasty action as far as possible and leave the door to reconciliation open at many stages.

Even after divorce a suggestion of reconciliation is made, subject to certain precautions (mentioned in the following verses) against thoughtless action. A period of waiting (iddah) for three monthly courses is prescribed, in order to see if the marriage conditionally dissolved is likely to result in issue. But this is not necessary where the divorced woman is a virgin: 33:49.

It is definitely declared that women and men shall have similar rights against each other.

... وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ...

And women shall have rights similar to the rights against them, according to what is equitable;

... وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ ﴿٢٢٨﴾

but men have a degree (of advantage) over them and Allah is Exalted in Power, Wise.

C255. The difference in economic position between the sexes makes the man's rights and liabilities a little greater than the woman's.

Quran 4:34 refers to the duty of the man to maintain the woman, and to a certain difference in nature between the sexes. Subject to this, the sexes are on terms of equality in law, and in certain matters the weaker sex is entitled to special protection.

Asad’s version

2:228 And the divorced women shall undergo, without remarrying, 214 a waiting-period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs, 215 if they believe in God and the Last Day. 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]. 216 And God is almighty, wise.

Pickthall’s version

Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.

Yuksel’s version

The divorced women shall wait for three menstruation periods; and it is not lawful for them to conceal what God has created in their wombs, if they acknowledge God and the Last day. Their husbands are more justified to return to them, if they both wish to reconcile. The women have rights similar to their obligations, according to the recognized norms. But the men will have a degree over them. God is Noble, Wise.

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[[Asad’s notes: 214 Lit, "by themselves".

215 The primary purpose of this waiting-period is the ascertainment of possible pregnancy, and thus of the parentage of the as yet unborn child. In addition, the couple are to be given an opportunity to reconsider their decision and possibly to resume the marriage. See also 65:1 and the corresponding note 2.

216 A divorced wife has the right to refuse a resumption of marital relations even if the husband expresses, before the expiry of the waiting-period, his willingness to have the provisional divorce rescinded; but since it is the husband who is responsible for the maintenance of the family, the first option to rescind a provisional divorce rests with him. ]]

[[ Yuksel’s notes - Verse 2:228 establishes equal rights to both genders. By associating and even preferring numerous collections of lies and innovations to the Quran, the followers of hadith and sunna denied Muslim women the right to divorce and turned them into slaves of male despotism.

Divorce is a legal event lasting several months; it is not just an oral declaration of the male spouse. A wife cannot be divorced by announcing, "I divorce you three times." Furthermore, the divorce must be declared by a court, with the participation of both parties and witnesses. In order for three divorces to happen, three marriages must happen. Taking the right of getting married after the first divorce through fabricated sharia law is a great injustice. Sunni scholars tried to mend the consequences of the swift divorce by another fabrication by legalizing a one-night adultery, hullah. After the hullah the husband could start the fourth marriage! For the man who somehow changed his mind and did not divorce the one-nighter, some Hanefite scholars made up another law. They claimed that if a man divorced his wife under threat or duress they would be considered divorced. In sum, a patch to solve a self-inflicted problem created another problem. The sectarian divorce law has evolved like a tax code or a bad computer program, each loophole demanding a patch and each patch creating more loopholes or problems. See 33:49.

The living expenses of a divorced women, as a general rule, is expected to be paid by the ex husband (2:241). Besides, the divorced women cannot be evicted from their houses by their husbands (65:1). Also, see 30:21. However, if after the divorce a woman learns that she is pregnant, she is advised to reconsider reconciliation with her former husband (2:228).

The Old Testament recognizes the right of women to divorce (Proverbs 2:17; Mark 10:12). Also, see Leviticus 21:14; Deuteronomy 24:1-4; Numbers 30:9; Deuteronomy 24:2-4. Though divorce is prohibited in the New Testament (Matthew 5:32; 19:9; Mark 10:2-12; Luke 16:18), because of its unrealistic idealism, many Christians do not adhere to the prohibition of divorce. According to the New Testament, millions of Christians are committing adultery, since divorced men or women are remarrying again.]]