Translation:
A divorce pronouncement may be (revoked) twice,116 then (you may) either stay married with fairness and goodness to each other or dissolve (the marriage) based on fair treatment and goodness to each other. It is not proper for you (husband) to take back what has been given to her (or promised) unless you both fear that you cannot continue to fulfill the responsibilities (of marriage) as prescribed by God. (Similarly), she can give up her rights (if she so desires) to be free (from the marriage covenant) if you both fear that you cannot continue to fulfill the responsibilities (of marriage) as prescribed by God. These are God’s recommended modes of behavior (limits), and one should not violate them. Whoever violates these limits set by God are the wrongdoers. If he finally divorces her, she will not be lawful to him afterward until she marries another husband. If he (second husband) divorces her, there is no blame for them to
remarry, if they are able (and willing) to conform to the limits (of marriage) prescribed by God. This is the guidance of God that He makes clear for people who wish to know.117
Interpretation:
116 Islam allows the decision to divorce (not mere pronouncements) to be dissolved twice based on mutual understanding if the parties wish to reconcile. Reconcili-
ation should be based on goodness and not on malicious intent, and if that cannot be achieved, then it is better to execute the divorces based on fair treatment of each party and goodness to one another.
117 Prophet Mohammad said that of all the freedoms that God entrusted people
with, the one He disliked most is the freedom to divorce. Islam wants people to take marriage seriously, but if such an eventuality is contemplated, it allows such decisions to be postponed multiple times in order to make sure that the parties really want this and are comfortable with the consequences of their decision. To further discourage the breakdown of marriage, God also prescribes that one has to be remarried before they can come back to one another. Since in those days it was primarily men who initiated divorce, they are warned that they cannot remarry their divorced wife unless she remarries and is divorced by her second husband. In a similar vein, if a woman were to initiate divorce, a similar provision should be applicable in that she cannot
remarry her husband unless he is married and divorced again. These are safeguards to discourage divorce and to ensure that decisions are reached with full awareness of their ramifications. At the same time, to simplify matters and to have harmony even in the event of a divorce, Islam asks each party to compromise with regard to dowry
and property and to avoid any kind of unfairness or injury to one another.
Reflection:
The rules of marriage, the conduct between a husband and wife, and the requirements of divorce are very clearly laid out in Islam. It is remarkable that Islam took the unusual step to clearly lay out the rules and regulations for matters of marriage and divorce with forceful clarity at a time and in a tribal society where marriage and all things related to it were dealt with by the whims of a man and his tribe or family. This tradition of innovative thinking and creating rules and legal frameworks at all levels of society is the hallmark of Islam, yet this hallmark has
totally vanished from the Muslim upbringing and Muslim societies to the detriment of Muslims as individuals and communities all over the world.
Action:
What is perhaps lacking is our ability to create legal and social frameworks to ensure that each and every man and woman is educated in the matter of marriage and that there are enough safeguards in our laws and social interactions to ensure that these guidelines are followed properly. God has defined marriage as a mutual love, commitment to one another, willingness to raise children in a proper way, and will- ingness to treat one another with affection and fairness. Each and every Muslim man and woman should take these seriously as they get married and during their married lives. If a marriage does not improve the quality of life for the parties involved, does not help them reach their human potential better than if they were to remain single, and does not provide an environment to raise children, then such a marriage falls short of what God intends for us.
