THE RELATION BETWEEN FITRA AND THE QUR’AN
Given An Example From The Divorce System (Talaq)
SUMMARY
’Fitra’ means, the main structure of the beings together with the principles and laws of creation, change and development that form this structure. The man realizes that he behaves contrary to his fitra. He feels uncomfortable inwardly. Qur’an verses are the form of fitra that is informed by Allah. Because of the total harmony between Qur’an and Fitra, it is necessary to benefit from fitra to understand Qur’an and also necessary to benefit from Qur’an to understand fitra. We can review the judgments about Talaq (divorce system) in Qur’an to understand this relation. But these judgments had been interpreted against Qur’an; therefore the divorce system (talaq) has been deformed contrary to fitra.
I- RELATION BETWEEN QURAN AND FITRA
’Fitra’ means the main structure of the beings together with the principles and laws of creation, change and development that form this structure. *[1]. The main structure and functioning of the earth, heavens, people, animals, plants and namely of all the things are according to fitra. These are also fundamental laws in science, technology and human relations. The Glorified Allah commands:
“See you not that to Allah prostrate whoever is in the heavens and whoever is on the earth, and the sun, and the moon, and the stars, and the mountains, and the trees, and the animals, and many of mankind? But there are many on whom the punishment is justified. And whomsoever Allah disgraces, none can honor him. Verily! Allah does what He wills.” (Al-Hajj/ The Pilgrimage 22:18)
Many people behave incongruously to fitra and disrupt nature balance. This situation puts him guilty. The Glorified Allah commands:
“Corruption has appeared throughout the land and the sea by reason of what the hands of people have earned. Thus He may let them taste part of [the consequence of] what they have done that perhaps they will return [to righteousness].” (Ar-Room/The Romans 30:41)
Humans are aware of their behaviors which do not comply with fitra. They feel themselves out of place inwardly while acting incongruously. Benefits, expectations or wannabes are the main instincts that push them to behave like that. Then they get used to behaving this way and do not feel disturbed, and even begin to enjoy themselves. But when they think a little about it, the discomfort hidden inside comes out of nowhere. Such people keep away from thinking about the things they do and from soul-searching.
The words derived from the root Dhikr are mentioned in the Qur’an frequently. Dhikr means keeping the information ready for use on mind, bringing its meaning to the heart and putting it into words and remembering it [2]. Stimulation of the existing information in order to understand a thing inherently is called “tadhakkoor”. The prophets called the humans to tadhakkoor. For example; Hz. Abraham said to polytheists: “… Would you not tadhakkoor? [3]” In other words he tried to say that: “Don’t you compare my words with the knowledge that you get from your fitra and , don’t you see the wrong things that you do this way?”
Dhikr is also the common name of the all Books which were sent down by Allah. Because they (The Books) remind the people of the information which is gained from themselves and from their environments and relax them by the regulations appropriate for the nature. Because, every human being is a student of the realms of existence and its surroundings. They (human beings) continuously get information from there and survive by using them. There would be no conflict between the information obtained from nature and The Books of Allah. The Glorified Allah commands:
“Know that, by the dhikr of Allah, do hearts calm down and rest.” (Ar-Ra’ad/The Thunder 13:28)
Dhikr of Allah is Qur’an. The Glorified Allah commands:
“Indeed, it is We who sent down that Dhikr (i.e The Qur’an) and surely, We will be Its guardian in any case.” ( Al-Hijr/ The Stones 15:9)
For this reason, the verses of The Qur’an is a form of fitra declared by Allah. The Glorified Allah commands:
“So set your face steadily and truly to that religion, the fitra of Allah, in which He has created the mankind. There is nothing to replace what Allah creates. That is the righteous religion. But most people do not know.” (Ar-Room/ The Romans 30:30)
The certain result of this verse is; “The fitra is Islam.”
If so, the verses of Allah are not only the verses in Qur’an. All creatures, the heavens, earth, animals, and plants; in brief all of the things have His verses. The Glorified Allah commands:
“We will show them Our Signs in the external environment, and in their own selves, until it becomes manifest to them that this (the Quran) is the truth…” (Fussilat/ Expounded 41:53)
There are other verses that can be seen only by their experts. The Glorified Allah commands:
“And on the earth are verses for those who have strong knowledge and in your selves. Then will you not see?” (Adh-Dhariyat/ The Winnowing Winds 51:20-21)
Scientists and technical scientists endeavor to adhere to the fitra. They do not legislate but, try to find out the existing ones. This also makes it easier to comply with fitra. There are also laws discovered by social. But many of them would prefer to legislate. Such of them have desire to shape society according to their own bear. Therefore, laws and practices contrary to fitra are very common in the social domain. This detrimental effect occurs in the course of time and disturbs the natural balance. This caused damage is very big and long lasting.
It is also possible to use the results obtained from scientific and technical area as opposing to fitra and thus disrupt the environment. Nowadays our world has been living such a catastrophe. To comply with fitra, the limits set by Qur’an (Allah) must not be exceeded.
Because of the total harmony between the Qur’an and Fitra, to understand the fitra we should benefit from Qur’an and in order to understand the Qur’an we should benefit from fitra.
Qur’an is the main source of Islam, so none of Its judgments could be in contradiction to fitra. If a contradiction occurs that is because of failure to comply with Qur’an. We will analyze this (failure to comply with Qur’an) in one example in the subject of Talaq.
II- RELATION BETWEEN FITRA AND TALAQ
Talaq is one of the types of divorce. Men are described as the subject/acting and women are described as the object/affected in the verses about talaq and therefore according to Qur’an, Talaq is one sided termination of marriage by men. He can use this authority maximum three times.
Women have also been given the authority to terminate the marriage in the Qur’an. The Glorified Allah commands:
“According to the acceptable terms (Maruf) the women’s rights over their husbands are equivalent to men’s rights over them. The men have a degree above (them).….” (Al-Baqarah/ The Cow 2:228)
The verse (mentioned above) which is about the termination of marriage, indicates the balance between husband and wife. The authority that has been given to woman to terminate the marriage is described in this verse:
“….And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.” (Al-Baqarah/ The Cow 2:229)
The word “Iftidaa” about the termination of marriage by woman is used instead of the word “talaq” in the verse mentioned above. Woman is the subject/actor of “Iftidaa”. The word “Iftidaa” has laid economical burden to woman. She has to give back all the gifts and the Mehr or a part of them in order to perform this divorce.
While divorcing women, most men desire to take back the Mehr and gifts which they had given to their wives for marriage. Qur’an has never given the permission to the husband to take them back, either while the marriage continues or during the termination of marriage by men. The Glorified Allah commands:
“O you who have believed, it is not lawful for you to inherit women by compulsion. And do not oppress them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in acceptable terms (According to Maruf). For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.” (An-Nisa / Women 4:19)
Man could plan to divorce and oppress his wife to get the divorce claim from her; by the way he could be able to get back the Mehr and gifts, which he had given her before. He could even slander her to reach his aim. The Glorified Allah commands:
“And if you decide to divorce a wife in order to take another, do not take away anything of what you might have given the first one, even if you had given her a cantar (i.e. a great amount) of gold. Would you take it back by slandering her and committing a manifest offense?” (An-Nisa/ The Women 4:20)
Man may continue the marriage in order to be heir of her when she dies so he never acts as husband and also does not accept divorcing. All these could make the life unbearable for woman. In such cases an intervention by the family members who know spouses, is the best way for solution. The Glorified Allah commands:
“If you fear about the dissension between the spouses, send an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is The All Knowing and The All Aware” (An-Nisa/Women 4:35)
Following further analysis; if they (arbitrators) come to a conclusion that togetherness of spouses could not be provided, then the authority of “iftidaa” could be given to woman. The base for this is the following verse:
“….Then if you fear that they would not be able to keep the limits ordained by Allah, the But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.” (Al-Baqarah/ The Cow 2:229)
The final decision belongs to the woman. If she wants to leave, she has to give back some or all of the goods (Mehr and gifts) that she got from her husband according to the decision of the arbitrators or the court.
The daughter of Sahl al-Ansari, Habiba had been married to Thabit ibn Qays. One day Our Prophet went out for the dawn prayer, and found Habiba at his door in the twilight. The Messenger of Allah asked her, “Who is this?” She said, “I am Habiba, daughter of Sahl, Messenger of Allah.” He asked, “What do you want?” She replied, “I could not be with Thabit.” When her husband, Thabit came, the Messenger of Allah, “This is Habiba, she has mentioned what Allah willed that she mention.” Habiba said, “Oh The Messenger of Allah, I have all that he has given me!” The Messenger of Allah said to Thabit, “Take it from her.” He took it from her and she stayed in the house of her family.” (Al-Muwatta’ Divorce 11, Hadith no 31)
The verses of “iftidaa” stipulate to identify the fear not to protect the limits commanded by Allah. There is no such condition in “Talaq”, namely woman cannot terminate the marriage by using her unilateral determination but man can do it. For that reason, it generates a degree difference between man and woman. The following verse indicates this point. “…..The men have a degree above (them)….” (Al-Baqarah/ The Cow 2:228)
Our main example is “talaq” so we finish the subject “iftidaa” here.
It was found sufficient to realize talaq, if a man says to his wife “I divorced you.” for three times.
According to the madhabs; Hanafi, Shafi’i, Maliki and Hanbali, a man who says to his wife “I divorced you with three Talaqs” is considered to have used up” all of his rights at the same time. It is irritating to breakdown the family in this way, for everyone who has feelings of equity and conscience. This way is also contrary to Fitra, so nobody could defend it. Now we will try to find the sources of the conflict by examining this topic:
A- Talaq in Qur’an
The Glorified Allah commands: “That divorce is twice. Then, either keep [her] according to acceptable terms (maruf) or
release [her] with good treatment.…”
“… And if man has divorced the woman [for the third time], then she is not lawful to him. But if she marries a husband other than him and if the latter husband also divorces her, there is no blame upon the woman and her former husband for returning to each other if they think that they can keep within the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.” (Al-Baqarah/ The Cow 2:229-230)
The word “مرة” that is translated as “times” in the following verse ; “الطلاق مرتان “That Talaq (divorce) is twice”, (Al-Baqarah/ The Cow 2:229) has a meaning as “a timeframe” “جزء من الزمان” in the dictionaries[6]. The suffix “ال” at the beginning of the word “Talaq” adds definiteness to its meaning so the meaning changes as “that known Talaq occurs twice”. The description of Talaq is made in Surah At-Talaq. The Glorified Allah commands:
“O Prophet, when you [Muslims] divorce women, divorce them by regarding their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands’] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.”
“And when they have fulfilled their term, either retain them according to acceptable terms (maruf) [*] or part with them according to acceptable terms.” (At-Talaq/ The Divorce 65:1-2)
[*] Maruf is something known well. That knowledge comes from the tradition, laws or Holy Scriptures. That knowledge must conform to Qur’an and Messenger’s Teachings.The command “… divorce them by regarding their ‘Iddah” indicates the time-frame mentioned in Al-Baqarah/ The Cow 2:229.
Narrated ‘Abdullah bin ‘Umar: that he had divorced his wife while she was menstruating during the lifetime of Allah’s Apostle. ‘Umar bin Al-Khattab asked Allah’s Apostle about that. Allah’s Apostle said: “Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced.” [7].
So, to realize divorce as commanded by Allah, woman must not be in menstrual period. If the woman is clean, the husband must not have had sexual intercourse in this clean period. It is also narrated that Messenger of Allah got really angry with Abdullah ibn ‘Umar because of divorcing his wife incongruously to the orders of Qur’an. That must be why Abdullah ibn ‘Umar was not allowed to divorce his wife at the first clean period, and he had to wait till the end of the second clean period. This is a punishment for him by the Messenger of Allah.
As also Our Prophet informed us, the divorce commanded by Allah could be like this. The 229th verse, in the Surah Al-Baqarah states that this kind of divorce could be done twice. Any divorce performed otherwise would be contrary to Qur’an and therefore it would be null and void.
There are important wisdoms in it. Man could not have sexual intercourse with his wife while she was in menstrual period so his desire for her decreases to the lowest level in this period. And also his desire would decrease if he had had intercourse with her after menstruation. All of these ease making the decision to divorce. But after the woman becomes clean, if man does not have sexual relation and divorces her in spite of his desire being at its peak that will be an indicator of his persistence.
Woman starts to wait the period of Iddah beginning with Talaq. This period continues up to three purity times for a menstruating woman, three months for amenorrhea and until birth in pregnancy [9].
According to the first verse in Surah At-Talaq, woman has to stay in her husband’s house till the end of Iddah. Neither man could say “Go to your father’s house” to his wife, nor woman could leave by saying “I am going to my father’s house” to his husband. It is very important that the spouses are together until the end of Iddah period. If husband did not ponder while using his divorce authority, he can reach a healthy conclusion during this time. And also woman will have a chance to apologize and persuade her husband if the divorce happens because of her faulty behavior. Because, man could change his decision and return to his wife till the end of iddah. There is no restriction on the woman’s attitude to her husband during this time. She could pay court to him. The Glorified Allah commands: “…You know not; perhaps Allah will bring about after that a [different] matter [10]” by the way hate turns into love and marriage could re-form.
Woman’s staying at home, rules out intervention of malicious people. If man does not return to his wife until the end of the period, it will be clear that the disagreement between them is in a serious situation, the continuity of this family is not correct, at least, this man would not be a good husband to this woman.
In the first verse of Surah At-Talaq, after the command; “Divorce women by regarding their waiting period”, the actions that have to be taken are listed and commanded as follows:
“And those are the limits [set] by Allah. And whoever transgresses the limits of Allah has certainly wronged himself.”
Those limits after Talaq are:
1- Counting the Iddah
2- Not turning women out of their house
3- Women’s not leaving the house
Counting the Iddah is a command given to the man. This also obliges him to take care of his wife closely. If he does not count the Iddah, he may lose his right to return her, presuming the period is due, even though it was not. If woman leaves or is forced to leave the house, then spouses could talk about their bad behaviors with someone else out of the doors, which could cause of indifference between them and by the way they could pull malicious people’s legs. They themselves will pay for this at first and foremost. The statement in the verse: “….And whoever transgresses the limits of Allah has certainly wronged himself.”, indicates that.
Woman has to inform her husband correctly about her Iddah. The Glorified Allah commands:
“It is not lawful for them to conceal what Allah has created in their wombs.” ( Al-Baqarah/ The Cow 2:228)
Therefore, if woman hides or lies about her menstruation, she will have commited a sin.
While Qur’an has given withdrawal right to husband in Iddah It has also attached importance to guarding the woman. If man wants to return to his wife, he will return according to what is acceptable, if he wants to divorce, he will divorce gently [11].
There is a hard warning to husbands who return to damage the woman and prolong the Iddah. The Glorified Allah commands:
“And when you divorce women and they have fulfilled their waiting period, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not make the verses of Allah an instrument of your desires. Remember the boons of Allah upon you. He advises you by the Book and the correct information He has revealed to you. And fear Allah and know that Allah is Knowing of all things.” (Al-Baqarah / The Cow 2:231)
The Glorified Allah commands as follows in 228th verse of Surah Al-Baqarah : “And their husbands have more right to take them back in this [period] if they want reconciliation.[12].”
The man’s right to return to his wife, ties up to the recovery condition. Therefore, the woman may not accept his return if she proves her husband malicious.. Malice could be hidden out and also it is difficult to prove. According to the 231st verse in Surah Al-Baqarah “Whoever does that has certainly wronged himself, and has made the verses of Allah an instrument of his evil desires.” This is a very serious warning to the person who believes in.
The Pre-Islamic Arabs knew the Talaq but its count was not certain. Husband could divorce his wife and then turn to her during the Iddah period and could do it as his heart’s content. In this way, man neither would be a husband for his wife nor would leave her free to marry with anyone else. He could even prohibit the woman she divorced from marriage, although the period of Iddah had finished [13]. Islam accepted the Talaq as a principle but did not give free rein to it as in The-Pre Islamic period. The unlimited Talaq right was decreased to three times but while husband was entitled to return his wife in the first two, he was not allowed to return at the third one.
The limitation of husband’s Talaq right with three times, allowance to return his wife at the first and second but not at the third, fully comply with Fitra. Because, a mistake could be forgiven at the first and the second times but, not at the third. We can see a reflection of this Fitra in the event of Moses and Al-Khidhr:
When Moses said to Al-Khidhr: “May I follow you that you teach me from what you have been taught of sound judgment?”
Khidr said: “Indeed, with me you will never be able to have patience. And how can you have patience for what you do not encompass in knowledge? Then if you follow me, do not ask me about anything until I make mention of it to you!”
Moses asked him twice and then said: “If I should ask you about anything after this, then do not keep me as a companion. Because, you will have obtained from me an excuse.” When he asked the third question, Al-Khidhr said: “This is parting between me and you.”[14]. After the third one, apology will not be accepted anymore. Just like this, the possibility of husband expressing an apology ends, after the third talaq. This is also the divorce which fully complies with Fitra.
Narrated Abdullah ibn Abbas:
“Abd al-Yazid divorced Umm Rukanah and married a woman of the tribe of Muzaynah. A short time later, his wife came to the Messenger of Allah and showed a hair from her husband’s head to imply Abdu Yazid’s impotency and said:” He is of no use to me except that he is as useful to me as a hair, so separate me from him.
The Messenger of Allah became furious. He called on Rukanah (son of Abdu Yazid) and his brothers. He then said to those who were sitting beside him by showing his two children:
Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so?
They replied: Yes.
The Prophet said to Abd Al-Yazid: “Divorce her”. Then he did so.
And then He said: Return to your previous wife, Umm Rukanah.
He said: I have divorced her by three pronouncements (Talaq), Messenger of Allah.
Messenger of Allah said: I know, take her back. He then recited this verse:
“O Prophet, when you [Muslims] divorce women, divorce them by regarding their waiting period and keep count of the waiting period.” (At-Talaq/ The Divorce 65:1)[15].”
According to the narration from Abdullah ibn Abbas: Rukanah, son of Abd Al-Yazid also divorced his wife by three pronouncements (Talaq) in a social gathering like his father did and then he became very upset because of his action. Messenger of Allah asked him how he divorced his wife.
He said: I divorced her by three pronouncements (Talaq).
Messenger of Allah asked: Did it happen in a social gathering?
He said: Yes.
Messenger of Allah said: This is just only one Talaq (not three). If you want, you can return to her. Then he returned to his wife immediately [16].
The breaking point coincides with the period of Caliph Omar because according to the narration from Ibn Abbas, three pronouncements (Talaq) at the same time were considered as one pronouncement (Talaq) at the period of Messenger of Allah and Abu Bakr and also in the first two years of Omar. Omar ibn al-Khattab said: “People behave quickly and unthinkingly on a subject they have to be on the safe side. I wonder whether we would accept it against them?”, and considered it as valid.
This narration is the securest (most saheeh) one on this subject. It is observed that fatwas have changed phenomenally after this date.
It is observed Ibn Abbas who is the owner of the narrations mentioned above, changed his view immediately. There are also other sahabas accepting this view. [18]
Mujahid, said: “While I was sitting with Ibn Abbas, a person came and said: `I have pronounced three divorces on my wife. Ibn Abbas heard it but kept silent for so long that I thought he was perhaps going to return his wife to him. Then he said: “One of you first commits the folly of pronouncing the divorces; then he comes and says: O lbn `Abbas, O Ibn `Abbas!
The Glorified Allah commands: “Whoever fears from Allah in whatever he does, He will bring about after that a [different] matter.” (At-Talaq/ The Divorce 65:1)
You did not fear Allah; now I do not find any way for you. You have disobeyed your Lord, and your wife stands separated from you.”
The Glorified Allah commands: “O Prophet, when you [Muslims] divorce women, divorce them by regarding their waiting period and keep count of the waiting period.” (At-Talaq/ The Divorce 65:1)[19].
Imam Malik informed that Abdullah b. Omar, Abdullah ibn Abbas, Abdullah ibn Mas’ud, ‘Omar ibn ‘Abd al-‘Aziz and and Marwan ibn al-Hakam agreed on this subject [20].
B- Talaq In The Tradition of Fiqh
The madhhabs of Hanafi, Shafi’i, Maliki and Hanbali accept three pronouncements (Talaq) in one sitting as three pronouncements (Talaq) at different times. So, if a person says to his wife: “I divorced you with three pronouncements (Talaq)”, these madhhabs accept them as divorced with three pronouncements, whether the woman is menstruating or not, whether they hadsexual relation in the woman’s clean period or they never entered the bridal chamber.
Some of the madhhabs claimed that “ال” is for the common noun in the verse الطلاق مرتان = “That Talaq (divorce) is twice” (Al-Baqarah / The Cow 2:229). This means that “Man can divorce his wife utmost two times”. Since there is no controversy that the divorce could be performed maximum three times, the structure of this sentence had to be changed. Sarahsi, one of the defenders of this view says: ل الطلاق المباح في دفعتين و دفعة ثالثةك = “All of the lawful Talaqs (divorce) are twice and third. [21].” The added one “third” is taken from the judgment in Al-Baqarah 230: “And if man has divorced the woman [for the third time]…”. If we are obliged to consider the judgment in the 230th verse of Surah Baqarah and add it to the meaning, then there will be no probability to define the “ال” as common noun because the sentence الطلاق مرتان is a noun clause and makes sense on its own. Everyone, who knows Arabic, can easily understand that it is a comment which is far-fetched.
And also some of them said that “ال” was for “oath” so it stated a specific kind of Talaq. They also said that by this way, the judgment in previous verses “Divorced women remain in waiting for three periods…” had been indicated. Ibn Taymiyya is one of those [22] but in this verse; the judgments have been told about ‘what a menstruating woman will do after Talaq’, not about ‘how Talaq will be performed’. The one and only verse which tells about how Talaq will be done, is the 1st verse of Surah At-Talaq. Therefore, it is impossible that “ال” indicates other verses.
According to Ibn-I Humam, this verse indicates that, Talaq, which is consistent with Sunnah, could be twice. Because, there is consensus of scholars that: “three pronouncements (Talaq) in one sitting, could be valid [23].” How could the consensus which was formed subsequently could affect the meaning of the verse?
Many fiqh scholars said that the word “مرتان” in the verse الطلاق مرتان indicated two different timeframes. Al-Kasani who is from the Hanafi scholars is one of them. His words on this subject are as follows: Seems like, Allah commanded: “When you want to divorce them, do it in two different times.” The command to “divorce in two different times” means prohibition of doing it at once. Because they in the opposite of each other. Therefore, combining the Talaqs are unlawful or makruh [24]. All these madhhabs considered combining the talaqs as valid even though they considered it as unlawful or makruh.
The exegeses of Qur’an have followed the same path in a surprising way. Neither they analyzed the word مرتان in the verse Baqarah / The Cow 229th in detail nor did they mention the relation between this verse and the 1st verse of Surah At-Talaq [25].
CONCLUSION
The scientists, who perform in Islamic sciences, should act as scientist and technical scientists and seek to discover the judgments in the Qur’an instead of adjudicating. This way ensures them to comply with fitra. If they prefer to follow the way of adjudication, as many social scientists do, their conclusions will inevitably be against the fitra.
As we can understand, Qur’an gives the right of Talaq to the man, in the mean time, introducing a solid structure for it that complies with fitra. Qur’an has also authorized the woman to terminate the marriage, thus, has proscribed revealing the family secrets on the law court and affronting, or even putting a slur on, each other to reach their aims.
The religious scholars, who preferred adjudicating instead of exploring the judgments of Qur’an about Talaq, changed the judgments that are fully compliant with fitra, and converted them to the contrary.
Prof. Abdulaziz BAYINDIR
[1] – This notion (precept) which is introduced as Fitra, had taken place as a philosophy of existence in the European science and the history of philosophy. It is known by the name of ontology in the last three centuries.
[2] – Al-Ragib Al-Isfahani, Al-Mufradat, under the head of zkr
[3] – Al-An’am / The Cattle 6:80
[4] – Anyone who is interested can review the following verses; Al-Baqarah / The Cow 2:164, Al-An’am / The Cattle 6:97-99, Al-A’raf / The Elevated Place 7:26-58, Jonah 10:5-7-67-92-101, Josef 12:7-35, Ar-Ra’ad / The Thunder 13:2-3-4, An-Nahl / The Bee 16:13-65-66-67-68-69-79, Al-Isra / The Night Journey 17:12, Al-Kahf / The Cave 18:9, Maryam / Mary 19:10, Ta-Ha / Ta-Ha 20:128, Al-Ankabut / The Spider 29:24-33-34-35, Ar-Rum / The Romans 30:21-22-23-24-28, Luqman / Luqman 31:31-32, As-Sajda / The Prostration 32:26, Saba / Sheba 34:15, Az-Zumar / The Companies 39:42-52, Al-Mu’min / The Believer 40:13, Al-Jathiya / The Crouching 45:3-4-5-6, Adh-Dhariyat / The Winnowing Winds 51:22-23-35-36-37, Al-Qamar / The Moon 54:12-13-14-15.
[5] – The word “mooqineen” is translated as ‘a person of sound knowledge’, it is also translated as ‘anyone who knows the subject above suspicion, truthfully with all points.’ Translation of Kamus IV/768.
[6]- Al-Mufradat, under the head of mrr. Besair v. IV, p. 490.
[7] Bukhari, divorce, 1,3,44,45; Tefsîru Suret’it-Talaq, 1; Muslim, Talaq 1.14; Nasai, 13,15,19 Talaq; Ibn Majah, Talaq 1.3; Darimi, Talaq 1.2; Muwatta ‘Talaq 53, Abu Dawood, Talaq 4, Al-Tirmidhi, Talaq. (The text mentioned above is a translation of Bukhari, Talaq-1.)
[8] Bukhari, Ahkam 13
[9] – Al-Baqarah / The Cow 2:229, At-Talaq / The Divorce 65:4
[10] – At-Talaq / The Divorce 65:1
[11] – Al-Baqarah / The Cow 2:231, At-Talaq / The Divorce 65:2
[12] – Returning time of a man to his wife has been indicated as “end of iddah” in the verses Surah Al-Baqarah 231st ,232nd, and Surah At-Talaq 2nd. This verse, on the other hand, declares that; the man has the right to return to his wife before the end of iddah, even, can primarily return to her without waiting for this period to end, if he can return at the end of iddah.”
[13] Jassas, Ahkam Al-Qur’an, v. II, p. 73; M. Rashid Riza, Tafsir Al-Menar, Cairo, III, 38
[14] Al-Kahf / The Cave 18:66-78
[15] Abu Dawood, Talaq, 10
[16] Ahmad Ibn Hanbal, Musnad, I, 265. According to the Ahmed b. Hanbal, all of those who narrated this Hadith are reliable people. Ahmad Abdarrahman al-Banna, Bulug Al-eman min asrar alfath Ar-Rabbani Dar’ash-Shihab, Cairo, v. XVII, p. 7.
[17] Muslim, Talaq, 2 (15, 16 and 17 (1402), No. hadiths); Nasai, Talaq, 8, Abu Dawood, Talaq, 10
[18] Muwatta, Talaq, 1
[19] Abu Dawood, Talaq, 10
[20] Muwatta, Talaq, 1
[21] Al-Sarakhsi Al-Mabsut, v. VI, p. 5.
[22] Ahmad b. Taymiyyah, Majmu al-Fatwa Shaykh Al-Islam Ahmad b. Taymiyyah, Beirut 1398 h. v. XXXIII, p. 80
[23] Kemal b. Al-Human, Mohammed al-b.Abdilvahid es-sivasi (d. 681 h.) Sharh Feth al-Qadir, Dar’al-firq Beirut, v. IV, p. 70,
[24] Alauddin al-Kasani (d. 587 h.), Al-Bedai’us- sanai’ fi tertib’ish-Sharai’, Beirut 1982, second ed.
[25] – This might seem like a big claim but I analyzed all the interpretations that were accessible and I saw that they all looked like recurrence of each other. Following are the main interpretations; Qurtubi, Ibn Kathir, Kadi Baydawi, Abu’s-Saudi, and Feth Al-Qadir major commentaries.
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