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Draft:Qur'an 2:228

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Qur'an 2:228
Verse's Information
Suraal-Baqara (Qur'an 2)
Juz'2
Content Information
Cause of
Revelation
'Idda of revocable divorce
Place of
Revelation
Medina
TopicJurisprudential
AboutDuration of Idda of divorce
Husband's right of return during the period of Revocable divorce
Mutual rights of husband and wife


Qur'an 2:228 delineates the rulings pertaining to Revocable divorce and its associated Idda (waiting period). According to the verse, God mandates that divorced women intending to remarry must observe a waiting period spanning three cycles of purity from Menstruation. Furthermore, provided they possess faith in God and the Day of Judgment, they are prohibited from concealing their pregnancy, as the responsibility for determining the commencement and conclusion of the Idda rests with them. Consequently, concealment of pregnancy or the duration of the Idda motivated by vengeance or the intent to obstruct the husband's right of return is forbidden.

Conversely, addressing men, the text stipulates that they may resume marital life during the Idda period solely if their intent is reconciliation, rather than causing harm to the wife. This interval serves not merely as an opportunity for reconsideration and reconciliation, but fundamentally aims to preserve lineage and prevent paternity confusion.

The phrase "wa li-l-rijal 'alayhinna daraja" ("and the men have a degree over them") constitutes a significant exegetical point regarding the comparative status of men and women. Various interpretations have been posited in this regard. According to the Qur'anic exegete 'Allama Tabataba'i, this clause complements the statement "wa lahunna mithl al-ladhi 'alayhinna bi-l-ma'ruf" ("and they have rights similar to those against them in a just manner"), underscoring the legal parity between the sexes. In his view, while distinct physical and psychological differences exist between men and women, these pertain to emotional and rational roles and do not preclude their legal equality.

Importance of Regulating Family Relations in Islamic Sharia

Qur'an 2:228 is regarded as a cornerstone for regulating family relations within Islamic Sharia.[1] Pursuant to this verse, a divorced woman must wait for the duration of three periods of purity from menstruation before marrying another person. During this interim, if the husband possesses a genuine intention to reconcile, he may resume the shared life without necessitating a new marriage contract. Additionally, women are obligated to disclose their pregnancy status, as the diagnosis of the Idda's beginning and end is entrusted to them; thus, concealing pregnancy or the duration of the Idda to exact revenge or impede the husband's right of return is impermissible.[2]

According to 'Allama Tabataba'i (d. 1981), Qur'an 2:228 does not encompass all divorced women, but specifically pertains to those subject to a Revocable divorce, to the exclusion of Irrevocable divorce.[3] Furthermore, the phrase "bi-anfusihinna" in the verse signifies that the woman is obliged to abstain from remarriage during the Idda period to prevent the confusion of lineages. In 'Allama Tabataba'i's opinion, this indicates that the primary objective of Idda is the preservation and purity of lineage.[4]

According to Makarim Shirazi, the phrase "wa lahunna mithl al-ladhi 'alayhinna bi-l-ma'ruf" in this verse delineates the reciprocal rights of husband and wife in their shared life, while the sentence "wa li-l-rijal 'alayhinna daraja" alludes to the man's managerial responsibility within the family unit, which is grounded in innate differences rather than intrinsic superiority.[5]

Cause of Revelation

Concerning the Cause of Revelation of Qur'an 2:228, it is narrated that a man named Isma'il b. 'Abd Allah al-Ghari had a wife named Fatila. Other sources identify the man as Malik b. al-Ashdaq from the people of Ta'if.[6] This individual divorced his wife, unaware that she was pregnant. Upon discovering her pregnancy, he returned to her and brought her back to his home. The woman subsequently died after giving birth. It was at this juncture that God revealed this verse.[7] Additionally, Asma' bint Yazid b. Sakan al-Ansariyya narrated that during the time of the Messenger of God (s), her husband divorced her at a time when no specific Idda was prescribed for divorced women, prompting the revelation of this verse.[8]

Is the Idda of Divorced Women Three Menstruations or Three Purities?

Exegetes, prompted by the polysemy of the term "Qur'"—which can denote either "purity" or "menstruation"—[9] have endeavored to ascertain whether the Qur'anic intent for the Idda of divorced women is three menstruations or three periods of purity. Shi'a exegetes interpret "Qur'" as "purity,"[10] citing the verse «So divorce them at their prescribed time and count the [period of] Idda».[11] In their view, divorce must be executed during a woman's period of purity prior to Intercourse, as the verse emphasizes commencing the divorce at the start of the Idda, a condition compatible with the meaning of "purity" for "Qur'".[12] Similarly, in Shi'a jurisprudence, the Idda consists of three states of purity: the first purity occurs when she has not engaged in intercourse with her husband; the second is the first menstruation; and the third is the cessation of the second menstruation. As soon as the third menstruation commences, marriage to her becomes permissible.[13]

Conversely, Abu Hanifa and his adherents maintain that the Idda of a divorced woman consists of three menstruations, concluding during the third cycle.[14] They cite a Hadith of the Prophet (s) stating, "During the days of menstruation, women must abandon prayer."[15] Consequently, as long as the woman has not become pure from the third menstruation, the husband retains the right of return; however, once she attains purity, his right of return ceases, and it becomes lawful for other men to marry her.[16]

Meaning of Men's Superiority over Women in the Verse

Exegetes have propounded various interpretations regarding the verse's reference to men's superiority over women in the phrase "wa li-l-rijal 'alayhinna daraja" in Qur'an 2:228. Tabrisi, in the exegesis Majma' al-bayan, narrates from Ibn 'Abbas, the Companion of the Prophet (s), that "Daraja" (degree) implies a moral station for the man; specifically, that by forgiving and being considerate of the woman's condition, he refrains from demanding his full rights, thereby acquiring this moral virtue.[17] Some exegetes view this "degree" as the man's preeminence within the family institution, deriving from his obligation to provide Mahr and Nafaqa.[18] Others, citing the verse "al-rijal qawwamun 'ala l-nisa", interpret this "degree" as the burdensome responsibility of family leadership incumbent upon men.[19] Additionally, Tabrisi, referencing the opinions of Mujahid and Qatada, identifies this distinction as men's advantage in social strata, including aspects such as obedience, the capacity to abstain from sin, an increased share of inheritance, and Jihad.[20]

A cohort of exegetes, considering the cause of revelation and the context of the verse, posits that the stipulation of men's superiority is restricted to the context of divorce and the Idda period, and should not be extrapolated to other rights and duties within the family.[21] Sayyid Qutb, author of Fi Zilal al-Qur'an, maintains that the superiority mentioned in this verse is confined to the husband's right to restore the woman to the shared life during the Idda following divorce, and does not imply a general or absolute superiority of men over women.[22]

From the perspective of certain exegetes such as 'Allama Tabataba'i and Sayyida Nusrat Amin, among Shi'a scholars, "degree" denotes a relative precedence of men over women. They argue that while men and women are equal in rights, differences in their physical and psychological structures result in women's lives possessing a more emotional dimension, whereas men's lives are characterized by greater rationality.[23] It is further asserted that these differences should not be interpreted as evidence of women's inferiority.[24]

'Allama Tabataba'i, taking these physical and spiritual distinctions into account, does not view the sentence "wa li-l-rijal 'alayhinna daraja" as contradictory to the statement "wa lahunna mithl al-ladhi 'alayhinna bi-l-ma'ruf"—which is founded on the equality of rights between the sexes—but rather as complementary, offering an emphasis on proportionality and equilibrium within gender rights.[25]

Notes

  1. Makārim Shīrāzī, Tafsīr-i nimūna, 1374 Sh, vol. 2, pp. 185-192.
  2. Makārim Shīrāzī, Tafsīr-i nimūna, 1374 Sh, vol. 2, pp. 185-192.
  3. 'Allāma Ṭabāṭabāʾī, Al-Mīzān, 1417 AH, vol. 2, p. 230.
  4. 'Allāma Ṭabāṭabāʾī, Al-Mīzān, 1417 AH, vol. 2, p. 230.
  5. Makārim Shīrāzī, Tafsīr-i nimūna, 1374 Sh, vol. 2, pp. 185-192.
  6. Muḥaqqiq, Nimūna-yi bayyināt dar sha'n-i nuzūl-i āyāt, 1364 Sh, p. 85.
  7. Muḥaqqiq, Nimūna-yi bayyināt dar sha'n-i nuzūl-i āyāt, 1364 Sh, p. 85.
  8. Muḥaqqiq, Nimūna-yi bayyināt dar sha'n-i nuzūl-i āyāt, 1364 Sh, p. 85.
  9. For example see: Ṣāḥib b. ʿAbbād, Al-Muḥīṭ fī l-lugha, 1414 AH, vol. 6, p. 10.
  10. Ṭabrisī, Majmaʿ al-bayān, 1415 AH, vol. 2, p. 98; 'Allāma Ṭabāṭabāʾī, Al-Mīzān, 1417 AH, vol. 2, p. 230.
  11. Ṭabrisī, Majmaʿ al-bayān, 1415 AH, vol. 2, pp. 98-100.
  12. Ṭabrisī, Majmaʿ al-bayān, 1415 AH, vol. 2, pp. 98-100.
  13. For example see: Imam Khomeini, Taḥrīr al-wasīla, 1392 Sh, vol. 2, p. 320.
  14. Ṭabarī, Jāmiʿ al-bayān, 1412 AH, vol. 2, p. 264.
  15. Kulaynī, Al-Kāfī, 1407 AH, vol. 3, p. 85.
  16. Abū Zahra, Zahrat al-tafāsīr, Dar al-Fikr, vol. 2, p. 764.
  17. Ṭabrisī, Majmaʿ al-bayān, 1415 AH, vol. 2, pp. 101-102.
  18. Wāḥidī, Al-Wasīṭ, 1415 AH, vol. 1, p. 333.
  19. Riḍā, Al-Manār, 1990, vol. 2, p. 301.
  20. Ṭabrisī, Majmaʿ al-bayān, 1415 AH, vol. 2, pp. 100-101.
  21. For example see: Mughniyya, Al-Tafsīr al-kāshif, 1424 AH, vol. 1, p. 343; Quṭb, Fī ẓilāl al-Qurʾān, 1412 AH, vol. 1, p. 246.
  22. Quṭb, Fī ẓilāl al-Qurʾān, 1412 AH, vol. 1, p. 247.
  23. For example see: 'Allāma Ṭabāṭabāʾī, Al-Mīzān, 1417 AH, vol. 2, p. 275; Amīn, Makhzan al-ʿirfān, Isfahan, vol. 2, pp. 324-327.
  24. Ṣādiqī Tahrānī, Al-Furqān, 1406 AH, vol. 4, p. 40; Javādī Āmulī, Tasnīm, 1389 Sh, vol. 11, pp. 263-265.
  25. 'Allāma Ṭabāṭabāʾī, Zan dar Qurʾān, 1403 Sh, pp. 271-272.

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