The Quran

229

Preface

الطَّلاقُ مَرَّتانِ ۖ فَإِمساكٌ بِمَعروفٍ أَو تَسريحٌ بِإِحسانٍ ۗ وَلا يَحِلُّ لَكُم أَن تَأخُذوا مِمّا آتَيتُموهُنَّ شَيئًا إِلّا أَن يَخافا أَلّا يُقيما حُدودَ اللَّهِ ۖ فَإِن خِفتُم أَلّا يُقيما حُدودَ اللَّهِ فَلا جُناحَ عَلَيهِما فيمَا افتَدَت بِهِ ۗ تِلكَ حُدودُ اللَّهِ فَلا تَعتَدوها ۚ وَمَن يَتَعَدَّ حُدودَ اللَّهِ فَأُولٰئِكَ هُمُ الظّالِمونَ

Yusuf Ali

A divorce is only¹ permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness.² It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by God.³ If ye (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she give something for her freedom. These are the limits ordained by God. so do not transgress them if any do transgress the limits ordained by God, such persons wrong (Themselves as well as others).⁴

Where divorce for mutual incompatibility is allowed, there is danger that the parties might act hastily, then repent, and again wish to separate. To prevent such capricious action repeatedly, a limit is prescribed. Two divorces (with a reconciliation between) are allowed. After that the parties must definitely make up their minds, either to dissolve the union permanently, or to live honourable lives together in mutual love and forebearance-to “hold together on equitable terms,” neither party worrying the other nor grumbling nor evading the duties and responsibilities of marriage f &###
If a separation is inevitable, the parties should not throw mud at each other, but recognise what is right and honourable on a consideration of all the circumstances. In any case a man is not allowed to ask back for any gifts or property he may have given to the wife. This is for the protection of the economically weaker sex. Lest that protective provision itself work against the woman’s freedom, an exception is made in the next clause.
All other prohibitions and limits prescribed here are in the interests of good and honourable lives for both sides, and in the interests of a clean and honourable social life, without public or private scandals. If there is any fear that in safeguarding her economic rights, her very freedom of person may suffer, the husband refusing the dissolution of marriage, and perhaps treating her with cruelty, then, in such exceptional cases, it is permissible to give some material consideration to the husband, but the need and equity of this should be submitted to the judgment of impartial judges, i.e., properly constituted courts. A divorce of this kind is called khula'.
Wrong (themselves as well as others): Zalimun: for the root meaning of zulm see n. 51 to 2:35.