Divorce And Appointed Portion

LESSON # 283 FROM HOLY QUR’AN

Divorce And Appointed Portion

BAQARAH – 2 (The Cow)

Verse – 237    of  286, Section – 31 (Part - 2)

If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety. And forget not kindness among yourselves. Surely Allah is Seer of what ye do.

Wa  ‘in- tallaqtumuu-hunna  min- qabli  ‘an-tamassuu-hunna  wa  qad  faraztum  lahunna  farii-zatan- fa-nisfu  maa  faraz-tum  ‘illaaa  ‘any-ya’- fuuna  ‘aw  ya’-fu-wallazii  bi-yadihii  ‘uqdatun-Nikaah.  Wa  ‘an-ta’-fuuu  ‘aqrabu  litaq-waa.  Wa  laa  tansawul-fazla  baynakum.  ‘Innallaaha  bimaa ta’-maluuna  Basiir.

Lesson

Some more orders regarding the divorced woman and payment of her appointed portion have been mentioned in this verse. If the portion (maher) was appointed at the time of marriage tie, and the time of divorce comes before touching the wife, then half of the appointed portion will be paid compulsorily. But the woman herself or the person in whose hand is the marriage tie, if they excuse entire portion or some part of it, then it is another thing.

After that it has also been told that if the husband overlooks then it is more reasonable near to piety, because God Almighty bestowed him greatness and authorized him to keep remaining the marriage tie or divorce her wife. If the husband doesn’t pay even half of the portion now and divorces her without touching, then it is not reasonable near to God fearing. Any kind of failure didn’t exist from the side of his wife. As though these became four forms of divorce and portion:

·       Neither the portion is appointed, nor did husband touch his wife. In this form he should pay some reasonable amount to his wife.

·       The portion was appointed but he did not touch her. Now half of the appointed portion will be paid by him.

·       The Portion was appointed and he committed also a sexual intercourse. He will pay complete appointed portion.

·       The Portion was not appointed but he committed intercourse. In this case he would have to pay the similar portion (Maher Misl).

Transliteration in Roman Script & English Translation of Holy Qur’an written by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore and Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated by Muhammad Sharif)