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Divorce before
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]
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]
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
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.
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
The firm and considered
decision
and oral or written announcement of 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]
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