Dec
25
Written by:
Abdur Rab
12/25/2010 7:29 PM
Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230*
An act of great social tragedy and crime is being committed in parts of the Muslim world in the name of Islam under our very nose, alas indeed, escaping the attention, or with the connivance, or tacit approval, of our Muslim scholars. I am referring to the practice of hilla (or hullah) system that entitles a divorced wife to return to her husband, if both husband and wife so desire, but only after remarrying another person and after that person divorces her. Unfortunately, this practice owes to the way the Quranic verse 2:230 is usually interpreted to mean and to the further related message that has come from the Hadith literature.
I have not seen any Quran translation book that has interpretated the verse 2:230 differently. Yusuf Ali translates it as follows:
2:230 So if a husband divorces his wife (irrevocably), he cannot after that re-marry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who know. (Italics mine)
However, it has not occurred to the translators that this translation of the verse is at odds with the worldview on this point that we can get from other related verses of the Quran that urge believers to create no obstacles to the reunion of divorced couples and admonish the husband to honorably live with, or take back, or bid good bye to, his wife after he has divorced her. I will reproduce these verses. But before that let me retranslate the above verse as follows:
2:230 And if he hath divorced her, she is not lawful unto him thereafter until another husband she hath married (after the divorce) hath divorced her. (In that case) it is no blame for both of them if they return to each other, and if they think they can keep within the limits (imposed by) God. And these are the limits ordained by God, which He maketh plain for a people who know.
The meaning of the verse is clear. If the divorced wife marries another husband, it is quite sensible that she cannot remarry her former husband unless and until her second husband divorces her. This is common sense, and stands perfectly to reason. The verse should not be read to imply that the divorced wife has to marry another person, and that that person needs to divorce her to make it possible for the original husband to get her back. In that latter sense, the remarriage of husband and wife is not possible unless the divorced wife has married another person, and until that person has divorced her. That precludes the remarriage of husband and wife, if the divorced wife does not, or refuses to, marry another person. That means that the question of remarrying will arise only when the divorced wife marries another husband, and when that husband divorces her. The remarrying of former husband and wife has thus been made conditional upon, first, marrying of the divorced wife to another husband, and second, on the break-up of that marriage. It is this so-called infamous hilla system, which has caused great harm in our society by imprudently leading to break-up of many happy marriages, and destruction of many happy lives! The Quran clearly admonishes those who divorce their wives not to force them out of their houses before their term expires, and to make a choice between taking their divorced wives back or parting with them when the term expires, as in verse (65:2).
The Quran also specifically and explicitly warns and exhorts us not to create any obstacles on the way of remarrying of the divorced wife with her husband:
2:232 And when ye have divorced women, and they have reached their term (iddat), place no difficulties on the way of their remarrying of their husbands, if it is agreed between them in kindness. This is an admonition for him who believeth in God and the Last Day. That is more virtuous for you, and cleaner. God knoweth and ye know not.
How clear these Quranic admonitions are! No difficulties should be created on the wives’ remarriage with their former husbands, if this is mutually agreed. This means that such remarriage and reunion should not be made subject to any additional condition. Yet, it is unfortunate that our learned ulama, influenced by traditions, have chosen to mislead Muslims. Does it not ever occur to our common sense that we should not force a divorced wife to marry another husband against her will? Only in case if she willingly marries another person, she cannot be lawful to her former husband unless her current husband divorces her. And why should one ever anticipate that a person would marry the divorced wife of another person just for the sake of divorcing her? All this looks ludicrous. Yet, such a reprehensible practice is found to exist in some places, notably in the Iranian city of Qom where “there are men who make a living as ‘one-night husbands’: they marry thrice-divorced women, consummate the marriage, and divorce them the next day, so that the women can now lawfully go back to their families.”[i]
The Quran has repeatedly urged us to reflect on the verses and apply our sense. Also, importantly, God urges the husband, after he has divorced his wife and the wife has reached her waiting period, to either live together with his divorced wife in kindness or to part from her in kindness, and not to treat lightly the divine advice:
2:231 And when ye divorce women and they reach their waiting term, either retain them in a fair manner or let them go in a fair manner. But do not retain them against their will in order to hurt [them] so that ye transgress the limits: for he who doeth so indeed wrongeth himself. And make not the revelations of God a laughing-stock (by your behavior), but remember God’s Grace upon you, and that which He hath revealed unto you of the Book and wisdom, whereby He exhorteth you. …
Even though the current marriage laws in some countries have largely, if not wholly, taken care of the Quranic instructions,[ii] yet the vested interest groups try hard to re-impose the notorious hilla system. The conscious people in society should firmly stand against such monstrous attempts.
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*This article largely draws on a section of the author's book Exploring Islam in a New Light: A View from the Quranic Perspective, Brainbow Press, 2010 (See: www.exploreQuran.org).
[i] As reported in Amir Taheri, Spirit of Allah: Khomeini and the Islamic Revolution, Adler and Adler, 1986, p.51; cited in Spencer, Robert, Islam Unveiled: Disturbing Questions about the World’s Fastest-Growing Faith, Encounter Books, San Francisco, 2002. p. 87.
[ii] In recent years, notable reforms have been carried out in the Muslim marriage and divorce laws in a number of countries such as limitation of polygamy rights, expansion of rights for women seeking divorce, including the right to financial compensation, expansion of rights for women to participate in contracting their marriage and to stipulate conditions favorable to them in the marriage contract, the requirement that the husband provide housing for his divorced wife and children as long as the wife holds custody over the children, raising of the minimum age for marriage for both spouses, prohibition of child marriage, and expansion of the rights of women to have custody over their older children. Cf., John L. Esposito, What Everyone Needs to Know About Islam, Oxford University Press, 2002, p. 93.
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7 comment(s) so far...
Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
The QXP has this to say about 2:230
فان طلقها فلا تحل له من بعد حتي تنكح زوجا غيره فان طلقها فلا جناح عليهما ان يتراجعا ان ظنا ان يقيما حدود الله وتلك حدود الله يبينها لقوم يعلمون
2:230If a man divorces his wife on a third different time during their marital life, it shall be unlawful for him to remarry her. It may so happen that the woman marries another man, and those two do not get along, and he divorces her. In that case, there is nothing wrong if both (the previous couple) decide to come together again, if they consider that they will be able to observe the limits set by God. These limits have been made clear for people who use their knowledge.
[There is no room in the Qur’an for the socalled ‘Halaalah’, a shameful, manmade custom where a divorced woman is made to spend an intimate night with another man under wedlock with a preplanned divorce in the morning! It should better be called ‘Haraamah’]
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This is the root cause of problems relating to Talaaq and Halalah. If the ayat is read with a clear mind and no pre-conceived notions, then the directives are clear. Respected Dr. Sahab has used brackets to refer to the first husband (THE PREVIOUS COUPLE). What about the rights of the second husband ? He too has the right to retrack his first and second Talaq. All translations of this ayat are made keeping in view the rights of the first husband and not the second. A man who divorces his wife 3 times has no right to marry her again under any circumstances
I feel that this part of the ayat refers to the second husband. The first part of the ayat gives the first husband 2 chances to behave properly and avoid making a mockery of the sacred relationship. The directive is clear, if he divorces her for the 3rd time there is no way he can remarry his divorced wife.their relationship comes to an end for all times. This would also bring to an end the concept of Halalah.
Forum members are requested to ponder and reflect their upon this issue. The issue has been raised again in a popular play being aired on one of the popular chanels and is written by Bushra Ansari.
There is another point which our Ulema and individuals fail to mention. The Quran also talks about Talaq before it is physically consummated. If the traditional translation of the ayat is accepted, this ayat would negate Halalah's sexual interpretation.
By Rafi on
12/28/2010 1:20 PM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
Thank you, Mr. Rafi, for your comment. The first part of your comment is fine, but you have got it wrong when you still maintain "A man who divorces his wife 3 times has no right to marry her again under any circumstances [...] if he divorces her for the 3rd time there is no way he can remarry his divorced wife." This is precisely the point I have challenged in light of the Quran itself. According to the other verses I have cited, the door is always open for the couple to reunite - I mean for the divorcing husband (no matter whether he is the first or the second husband of the wife concerned) to retain, or take back, his divorced wife. It is ONLY WHEN a divorced wife VOLUNTARILY marries another person that she cannot marry her former husband unless and until her current husband divorces her (or, she divorces her current husband). We should not confuse matters; otherwise the so-called hilla (or hullah, or halalah as you call it) would come back in a sneaky way. Let us reform our faith as clearly as possible on the basis of the clear direction of the Quran, which is clear and straightforward. There is no room for hilla, hullah, or halalah in the Quran. This is a man-made, abhorrent distortion. We need to banish it from the Muslim society for ever.
God bless you.
Abdur Rab
By Abdur Rab on
12/29/2010 7:16 PM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
2:230 So if he divorces her (the third time),a she shall not be lawful to him afterwards until she marries another husband. If he divorces her, there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of Allah.b And these are the limits of Allah which He makes clear for a people who know.
230b. When the wife has been divorced twice, after each of which reconciliation has been effected and has failed, the third divorce becomes irrevocable, and the husband cannot remarry the divorced wife until she has been married elsewhere and divorced. The verse abolishes the immortal custom of halalah, or temporary marriage gone through with no other object than that of legalizing the divorced wife for the first husband, a custom prevalent in the days of Ignorance, but abolished by the Prophet, according to a report which speaks of his having cursed those who indulge in the evil practice (Tr. 9:25). There must be a genuine marriage and a genuine divorce.
This restriction makes the third divorce a very rare occurrence, and thus acts as another check against frequent divorce. Muir’s remarks as to the hardship which this rule involves not only for “the innocent wife” but also for the “innocent children”, for “however desirous the husband may be of undoing the wrong, the decision cannot be recalled”, are totally unjustified. The irrevocable divorce cannot be pronounced until a temporary separation has taken place twice and both experiences have shown that the marriage relationship cannot be continued. It is not simply by repeating the pronouncement of divorce thrice that the third pronouncement becomes irrevocable. A divorce should actually have taken place twice, followed each time by reconciliation, then and only then the third divorce becomes irrevocable. It would, in fact, be very rare. The case of Rukanah affords an illustration. He divorced his wife in the time of the Prophet thrice but this was counted as a single divorce, and he took back his wife by the Prophet’s order. Then he divorced her in the time of ‘Umar and reconciliation was again effected, and finally he divorced her in the time of ‘Uthman (AD. 13:3). [Back to verse 230]
aaiil.org/text/hq/comm/mali/2/c2s29.shtml
By Amna on
7/1/2011 10:03 AM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
Ms. Amna,
Thank you for your comment. My response is as follows:
1. Verse 2:230 does not mention "the third time," which is your (or translator Muhammad Ali's) insertion in parentheses. Some translators use "irrevocably", also in parentheses. But such insertions, which are Hadith-influenced, are unwarranted. This is how Muslim scholars have misguided us. The Quran in the very next verse 2:231, which I have cited in my article above, clearly allows husbands to either retain their divorced wives or part with them in a fair manner after they fulfill the iddat (waiting period), which is mentioned in verse 2:228. (Verse 228 says that husbands are free to take back their divorced wives, if they mutually reconcile, during the iddat period.)
2. Then carefully look at verse 2:232, which was also cited above, but is reproduced below.
2:232 And when ye have divorced women, and they have reached their term (iddat), place no difficulties on the way of their remarrying of their husbands, if it is agreed between them in kindness. This is an admonition for him who believeth in God and the Last Day. That is more virtuous for you, and cleaner. God knoweth and ye know not.
In this verse the Quran clearly urges us not to create any difficulties for divorced wives to remarry their husbands. If a condition is placed on them by stipulating that they should first marry third persons, and if those third persons divorce them, they would be eligible to go back to (remarry) their original husbands, this would be a great difficulty imposed on them, which is against the very spirit or worldview of the Quranic advice.
3. If one follows the Quran’s advice regarding divorce very carefully, it should become crystal clear that God wants us to proceed very gradually if we decide on separation and divorce. First of all, we should note that a mere uttering by a husband that he has divorced his wife, if he has not really meant it seriously, is no true word of divorce. In anger, a husband may say that he has divorced his wife. But this should not be considered as a real word of divorce, if he does not stick to it when he cools down. It is indeed very unfortunate that in our society, because of wrong teachings from religious teachers around them, there have been instances of instantaneous happenings of divorces just on the basis of uttering of the divorce word three times at a time. But the Quran says that God does not hold us responsible for the mere utterance of oaths or words:
2:225 God will not take you to task for what is unintentional in your oaths (words), but He will take you to task for what your hearts have meant. God is Ever Forgiving, Most Forbearing.
The first stage to proceed on the course towards a divorce is waiting for four months. This waiting is required for the husband if he is determined or serious about divorcing his wife. This is what the Quran states:
2:226 Those who forswear (definitely intend to divorce) their wives should wait four months, if then they change their mind (and return), God is Ever Forgiving, Most Merciful.
If after this waiting, a husband firmly decides on a divorce, he can proceed with the divorce. After this divorce, the wife is required to wait three (monthly) courses (the period of iddat). A clear message of the Quran is that the husband would be justified to take back his divorced wife in case she is pregnant, and if both agree to this effect. They are required not to conceal if the wife is pregnant. Both husband and wife have similar rights over each other.
From the above, it must be clear that there is no place for hilla or halalah in Islam, which requires a FINALLY divorced wife to first marry a third person, and take divorce from him if she wants to remarry her former husband. The condition provided in the Quran in verse 2:230 that a divorced wife who has married another person cannot remarry her former husband until her current husband divorces her (or she divorces her current husband) applies ONLY IN THE EVENT WHEN a divorced wife VOLUNTARILY marries another person. The Quran does not mandate that a divorced wife must marry a third person first if she wants to go back to her original husband. Such a stipulation would be inhuman. Islam is a humane religion. Muir's criticism of the hilla or halalah system was quite appropriate. Note that Muir was one of the early critics of the Hadith like Sayyid Ahmad Khan.
By Abdur Rab on
7/2/2011 11:58 AM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
2:229 Divorce may be (pronounced) twice; then keep (them) in good fellowship or let (them) go with kindness. And it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of Allah. Then if you fear that they cannot keep within the limits of Allah, there is no blame on them for what she gives up to become free thereby. These are the limits of Allah, so exceed them not; and whoever exceeds the limits of Allah, these are the wrongdoers.
2:230 So if he divorces her (the third time), she shall not be lawful to him afterwards until she marries another husband. If he divorces her, there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of Allah.b And these are the limits of Allah which He makes clear for a people who know.
if we read 230 within the context of previous verse its clear that after 2 times a couple has only last chance. if they have used it too then the conditions which are applied to first two are not applicable.
1. There should be an end. it is not practical that to keep on deciding on divorce and later reunite every-time. if u can see emotional trauma one has to suffer. if it could not work first two times then after availing the last chance - they have to depart.
2. the quoted text's position is very clear on wrong practice of temporary marriage.
Divorce in Islam — aaiil.org/text/books/mali/divorceislam/divorceislam.pdf
speaks in detail.
By Amna on
7/4/2011 7:59 AM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
Dear Sister Amna,
You're harping on the same thing that I have already challenged in my comments above. If you can't see the truth of the new interpretation, if you blindly choose to follow the bandwagon, I am sorry, I can't help it.
It's really amazing that being a lady, you can't recognize the male-dominated interpretation that has misled Muslims so long!
I can only wish you to see the light of TRUTH.
The kind of interpretation you are believing in in the case of divorce is similar to the one that subordinates the status of women relative to that of men, while the Quran proclaims equality between them, if you read the verses very, very carefully. Again if you choose to follow the bandwagon and believe that women are inferior to men, I can't help you. Believe what you like. That's why Muslims today are so backward, so ignorant, so ill-informed!
God bless you.
By Abdur Rab on
7/10/2011 6:05 PM
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Re: Remarrying a Divorced Wife: Reinterpreting the Quranic Verse 2:230
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