o


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Passive participle: Definite; sound plural; feminine; nominative.

 

[ is NOT merely uttering a word from mouth which is of no import/value/consideration like utterance of oaths without the back of will.  Here a conditional particle precedes it, hence if there is no determined will/decision of the mind and heart for annulling the bond of Nikah it is merely an obnoxious word of mouth like the one narrating the suspension of sex relationship with wife by saying calling on a wife equivalent to seeing the back of mother-58:02. In addition, Allah does not accept it as

 if one merely states from mouth without the conviction of heart even these grand words of absolute fact refer 2:08;62:01;49:14. Thus, any word uttered without the determined will/conviction/decision of heart and mind has no legal or moral sanctity whether it be or anything else.]

Passive participle: Definite; sound plural; feminine; nominative. (1)2:228=1

 

 

 

 

 

 

 

 

 

 

 

 

Divorce before "matrimonial linkage"

 

Contents

1. Marriage-Bondage [] is society's permission for constituting a new family-unit and "matrimonial linkage"

2. Divorce is permissible before physical "matrimonial linkage" by the husbands.

3. is explained and elaborated by "open" words   "you did the entrance with them"

4. Instructions regarding "Marriage Gift" to wives divorced without marriage consummation.

5. No waiting period for wives divorced without marriage consummation.

 

The believers are at liberty to seek women for marriage, other than those who are non-permissible for relationship of sanctity, from amongst the virgins, divorced, or widows. These women either may belong to group who enjoy the protection of family, or are self-financing without family protection as maidservants. In addition, the emigrant believing women who are in the marriage-bond with non-believer husband immediately before migration to Muslim society. 

In Arabic, for the Unification-Bond or Contract or Marriage the word is  النِّكَاحُ. This is from Root "ن ك ح". The basic perception infolded therein is that of joining and combining in the manner of slumber dissolving in eyes or as the drops of rain absorb in the Earth. This signifies the mutually consented Marriage-Bond, between a man and women, witnessed, endorsed and authenticated by the society, the third party to the agreement-union-bond. This "Union-Bond" grants permission, and renders sanctity of purity, in establishing particular matrimonial relationship, which is otherwise not permissible and is a grave sin if done by a man and woman without the Union-Bond. Like the effect of basic perception of the Root, the romantic look in the eyes caused by gradual dissolving of slumber therein and inciting odor emerging by the absorption of earlier drops of rain on dried land, the Marriage-Bond, النِّكَاحُ , results in romantic attachment between a man and woman. However, there might be situation and a newly wed couple amongst whom this romantic attachment might not be possible, for compelling reasons, may be physical or ideological.

The Grand Qur'aan is a guide that contains instructions and options available to human beings for meeting all situations that might arise during their life. In case the romantic attachment cannot be developed after النِّكَاحُ  the recourse is divorce.

 There is nothing contracting/condemning/blemish-worthy liable upon you people if you divorce [for compelling reasons] your just wed-wives with whom you have not yet established intimate matrimonial association. [Refer 2:236]

is translated-explained-clarified by using different words and particles that divorce is taking place some time after finalization of Marriage-Bond, النِّكَاحُ , but prior to consummation of  marriage, as under:

And if you divorced [for compelling reasons] them/just-wed wives before/prior to that you might have established intimate matrimonial association [intercourse] with them, [Refer 2:237]

O those/you, who consciously proclaim to have accepted/become believers, listen. When you people have taken the believing women into the fold of Nikha/Marriage, thereafter [some time lapsed, for compelling reasons] you divorced them before/prior to that you might have established intimate matrimonial association [intercourse] with them [Refer 33:49]

[فعل مضارع مجزوم و علامة جزمه حذف النون] Verb: Imperfect; Second Person; Plural; Masculine; Mood: Jussive evident by elision of نَ; and [و- ضمير متصل في محل رفع فاعل] Subject Pronoun,  nominative state + Suffixed Object pronoun: Third person; feminine; plural, in accusative state;  مصدر-مَسٌّ Verbal Noun. (1)2:236=1

[فعل مضارع منصوب بأن و علامة نصبة حذف النون] Verb: Imperfect; Second Person; Plural; Masculine; Mood: Subjunctive evident by elision of نَ; and [و- ضمير متصل في محل رفع فاعل] Subject Pronoun,  nominative state + Suffixed Object pronoun: Third person; feminine; plural, in accusative state;  مصدر-مَسٌّ Verbal Noun. (1)2:237(2)33:49=2

Its Root is "م س س" and the basic perception is that of feel-sensation of touch, hand on a thing without having anything between. The feel or perception of touch or association might be of pleasing or disturbing sensation. Metonymically, it has usage in the Grand Qur'aan to indicate "the ultimate sensational association" [for translating and describing it in English we have to use the word intercourse] between husband and wife. Its meanings are abundantly evident by its use in relation to those husbands who have openly declared not to have sexual association anymore with their wives with whom they were earlier maintaining sexual relations.

Take note those who consciously make themselves alienate to avoid matrimonial relation with their wives by orally declaring and sanctifying them as their mothers, and thereafter they retract from that which they had said, thereat a slave has to be freed before that they, husband and wife, may become active for mutual "matrimonial association". [Ref 58:02]

For reason, the one who suffers impracticability to release a slave thereby for him is to observe fasting during two months following both consecutively before that they, husband and wife, may become active for mutual "matrimonial association". However, if one could not, for reason, find himself physically capable then in that case the substitute is providing meal to sixty poor people; [Ref 58:03]

A newly wed wife could be a widow or divorcee of her earlier husband from whom she also has daughter. Her new husband may establish with her intimate matrimonial relation or divorce her, as allowed, before he has matrimonial linkage with her. The meanings, and the actual act reflected by the word  is quite evident by the use of openly manifest words when giving instructions about the prohibition/sanctification or otherwise admissibility of marriage with the daughter of one's wife who is from her first husband.

Moreover, those under your care and responsibility, living within your protection, the daughters from previous husband of your such wives with whom you have performed matrimonial relationship/sexual intercourse are amongst forbidden ones.

However/for the reason, if you had not yet done matrimonial act of entry/intercourse with them [and divorced before sexual intercourse, as is permissible] thereby there is nothing objectionable/blemish-worthy liable upon you people in marrying their daughters born from previous husbands.

 

4. Instructions regarding "Marriage Gift" to wives divorced without marriage consummation.

 

The marriage is a social contract involving financial liability and obligation upon the man in favour of the women he seeks. The point to remember is that this financial obligation is in the nature of a pleasant gift and not "reward-payment for service rendered". This is an obligation, even when it has not yet been formalized, which needs its discharge with or without consummation of marriage-unification bond. 

  • Nothing contracting-blemish-worthy shall be liable upon you people if you divorce [for compelling reasons] your just wed-wives with whom you have not yet established "intimate matrimonial association",

  • or even might have not yet finalized your obligation for them.

  • Take note for such situation that you people gift them the worldly sustenance.

  • The providing of gift to them shall be commensurate to his measure upon the man of riches-affluence-abundant resources,

  • and shall be commensurate to his measure upon the man of little/restricted resources.

  • It is emphasized that sustenance gift be in accordance with the known norms of society/class.

  • This act of gifting to such divorced wife is an obligation for such men who maintain a balanced/even handed conduct in life. [2:236]

  • And if you have divorced [for compelling reasons] them-just-wed wives before that you might have established intimate matrimonial association [intercourse] with them,

  • but you had determined for them the payable obligation, then in such case half of that is due which you had determined.

  • There is no exception to this laid down injunction except if they-newly wed wives remit that or [if she wife was earlier maidservant] that man remits it who has the decision-making right for her Unification bond/giving in marriage.

  • And to forego-ignore other's shortcomings is nearly related to mindful and restrained conduct.

  • And you people should not forget exercising kindness-generosity with one another.

  •  It is a certain fact that Allah the Exalted ever keeps watching what acts you people perform. [2:237]

 

5. No waiting period for wives divorced without marriage consummation.

 

The word divorce denotes a complete separation or split. In relation to a married couple, it signifies ending of a marriage by an official decision in a court of law. The court of law represents society who is a third party to the unification contract/ marriage of a man and woman. However, in Arabic the word is a verbal noun from Root "ط  ل ق".  The basic perception infolded therein is that of loosing something from her bond or rope and let it go its way freely. It signifies allowing something to move out of restrictive domain or protective circle/fortress. It is opposite of the restrictive and confining state. Its meanings, perception and signification become unambiguously evident on seeing and studying with other words that have relational attachment with it like النِّكَاحُ. This caused unification, bondage, tying together a woman with a man. The effect of it upon women turns them and grants them the state and  identification of , the protected ones, likening with the "protected pearls" within a palace, those who are looked after and cared for.

The firm and considered decision and oral or written announcement of    by the husband signifies and pronounces for public/other family members the information that he has alienated himself  and has suspended the "romantic bond-unification" with his wife. His act places that woman in a state of free will and emancipation from the restrictive-protective encircling. This state of theirs is reflected by the word those women who have been let free at their will, freed from the restrictive bond to decide the way they wish to go. This pronounced alienation, detachment is for a prescribed duration, in respect of such wives with whom the husband kept physically maintaining "unification relationship" earlier to his resolve of divorcing her. The natural consequence and affect of will take effect/mature only on termination of the relevant prescribed period of waiting. However, if the husband has decided to divorce his wife in a state that he has not yet established intimate matrimonial association with her, the effect of will be instant, in line with the concept and perception infolded in the Root of this word, i.e. setting free, let her go freely the way she goes. 

O those/you, who consciously proclaim to have accepted/become believers, listen. When you people have taken the believing women into the fold of Nikha/Marriage, thereafter [some time lapsed, for compelling reasons] you divorced them before that while you had not yet established intimate matrimonial association with them

thereby in such case there is no obligation about them for waiting period which you respective husbands need to count [just one proclamation of husband's firm decision of divorce ends the tie of Nikah in this case]. Therefore, you people give them the gifts from the worldly sustenance [in accordance with injunction mentioned in 2:236-237] and in par excellence respectful manner see them off [instantly to their parent's house or to the one/place where she was a maidservant]. [33:49]

 

           Main Page/Index