Ch 8 — Divorce in Islam / The Meaning of Provision
Women In Islam — Maulana Wahiduddin Khan
Badges mark quoted or attributed material (Qur'an, hadith, another author, an opposing view). Unbadged passages are Maulana Wahiduddin Khan's own words.
In Islamic jurisprudence, the material arrangements that a man makes for his divorced spouse are termed “divorce provisions.” There is a consensus among Muslim scholars that this provision in no way means life-long maintenance, there being absolutely no basis for this in the divine scriptures. The concept of maintenance for life is, in fact, a product of the modern civilization. It was never enshrined in divine laws, either Islam, Judaism, or Christianity. In material terms, ‘provision’ takes the form of a gift handed over by the man on parting so that the woman’s immediate needs may be catered for, and in all cases, this is entirely commensurate with his means. p. 221
But the Quran makes it explicit that the parting must, above all, be humane and that justice must be done: p. 221
“Provide for them with fairness, the rich man according to his means, and the poor according to his. This is binding on righteous men. Do not forget to show kindness to each other. Reasonable provisions should also be made for divorced women. That is incumbent on righteous men.” (2:236) p. 221Qur'an
When divorce takes place before the dowry’s settling and the marriage’s consummation, even then, the man must give the woman money or goods as a gesture of goodwill. In this instance, the question of his repaying dowry money does not arise. The Quran is also quite explicit on this: p. 222original + quote
“Believers, if you marry believing women and divorce them before the marriage is consummated, you are not required to observe a waiting period: make provision for them and release them in an honourable way.” (33:49) p. 222Qur'an
This “waiting period” (iddah) applies to a woman who has been married for some time and who may, after the divorce, discover that she is pregnant. This statutory waiting period of three months makes her position clear, and then the man must pay her additional compensation if she is expecting his child. But again, there is no question of maintenance for life, for the Quran seeks a natural solution to all human problems. It would, therefore, be wholly against the spirit of the Quran for a woman to be entitled to life maintenance from the very man with whom she could not co-exist. Such a ruling would indeed have created a negative mentality in society. The Quran again has the answer: p. 222original + quote
“If they separate, God will compensate each of them out of His abundance: He is Munificent, Wise.’’(4:130) p. 222Qur'an
The munificence of God refers to the vast provision that God has made for his servants in this world. In various ways, God helps such distressed people. For example, when a woman is divorced, it is but natural that the sympathy of all her blood relations should be aroused. As a result, without any pressure being put on them, they are willing to help and look after her. Besides, new willpower is awakened in such a woman, and she sets about exploiting her hidden potentialities, thus solving her problems independently. Furthermore, previous experiences have left her wiser and more careful, and she feels better equipped to enter into another marital relationship with more success. p. 223