Translation:
When you divorce your wife and she comes to the end of the terms, then do not prevent her from marrying another man if she does so with mutual agreement and in a lawful manner. In this way God admonishes those who believe in God and the Last Day. (This) is more beneficial and closer to purity (of life). And God knows (all affairs) while you do not know.119
Mothers (divorced women) may suckle their child for two years, if mutually agreed to complete the time of suckling, and the maintenance and clothing for them (mother and the child) will be borne by the father according to (fair) standard. No soul shall be burdened beyond his capacity, neither a mother be made to suffer on account of her child nor a father on account of his child, and a similar duty falls on the (father’s) heir. But if both parties agree on weaning (earlier) and wish to engage a wet nurse (or other means), there is no blame as long as payments are made for such an arrangement (by the responsible party). Remain God conscious, keep your duty to God, and be aware that God sees what you do.120
Interpretation:
119 This is a continuation of the theme of mutual respect and non-interference in the matter of resolving divorces. A woman should be free to remarry and organize her life in a manner that she sees fit without any interference from her former husband as long as she has kept her part of the mutual agreement and the divorce has been enacted.
120 The well-being of the infant child has also been kept in perspective, especially in the matter of suckling, which is the right of every infant child and a right of the mother as well as the father. A woman should offer such suckling if desired by the father or by the mother herself, and the father cannot prevent her from doing so for two years. All expenses incurred during this period for the mother and the child should be borne by the father according to their standard of living, without putting any undue burden on the father or causing undue harm to the mother. However, if both parents mutually agree to have other means of support, such as a wet-nurse (an Arab custom common during the time of the Prophet) or nanny, to take care of the child, it is agreeable as long as arrangements are made to pay for such services by either one parent or both parents. The welfare of the child as well as of the parents is taken into account based on what is best for the child as well as on what arrangement is agreeable to all concerned.
Reflection:
The welfare of the infant child is an important aspect of any divorce settlement, and Islam provides a fair and equitable way to take care of such matters with equal attention given to the rights and obligations of the father and the mother. The most critical aspect of these verses is the foundational principles that have been laid out to address any situation that may arise. These principles include the basis for fairness, equality, absence of malice or harm, and the paramount importance of the rights of each party, be it the mother, the father, or the child. All too often Muslim scholars have paid attention to the details of the specific instructions contained in these verses and have tried to sift through all possible scenarios through the lenses of their instructions rather than deeply reflect on the foundational principles, which are far more important, have broader implications, and are applicable in a wide variety of situations that couples and families might find themselves facing.
Action:
Too often in a divorce the dominant party (primarily the man, but in some cases the woman) tends to overtake the settlement and tries to impose unfair burden or deprive rightful access. God reminds us that such efforts are sinful and should
be avoided, as He is ever watchful of what we do and how we do it. This is a perfect example of how each one of us has to reflect back on the purpose of life, which is
to demonstrate God consciousness and to serve others, the latter of which should include our own spouses, children, and family members. If God’s clear guidance, which resonates with our innate sense of fairness and mutual rights and obligations, does not inspire us to do the right things, then we have failed as Muslims and we have failed our families and our societies.