Holy Qor-aan 002:238
وَاِنۡ طَلَّقۡتُمُوۡهُنَّ مِنۡ قَبۡلِ اَنۡ تَمَسُّوۡهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيۡضَةً فَنِصۡفُ مَا فَرَضۡتُمۡ اِلَّاۤ اَنۡ يَّعۡفُوۡنَ اَوۡ يَعۡفُوَا الَّذِىۡ بِيَدِهٖ عُقۡدَةُ النِّكَاحِ ؕ وَاَنۡ تَعۡفُوۡٓا اَقۡرَبُ لِلتَّقۡوٰىؕ وَ لَا تَنۡسَوُا الۡفَضۡلَ بَيۡنَكُمۡؕ اِنَّ اللّٰهَ بِمَا تَعۡمَلُوۡنَ بَصِيۡرٌ
Wa-in-tul-luq-to-moo-hoon-na-min-qub-lay-un-ta-mus-soo-hoon-na Wa-qud-fa-rudz-toom-la-hoon-na-fa-ree-dza-toon Fa-nis-fo-maa-fa-rudz-toom-il-laa-un-yau-foo-na Auo-yau-fo-wul-la-zee-bay-ya-day-he-ooq-da-toon-nay-kaa-ha. Wa-un-tau-foo-uq-ra-bo-lit-tuq-waa. Wa-laa-tun-sa-wool-fudz-la-bai-na-koom. In-nul-laa-ha-be-maa-tau-ma-loo-na-ba-see-r.
And if you divorced them before you touch them And you surely undertook an obligation for them to pay dower Then one-half of what you undertook unless they forgive Or he in whose hand is the contract to marry forgives. And that you forgive is much closer to righteousness. And never forget being kind among yourselves. Certainly Allah on all that you do is the Seer.
- وَ — Wa — And (= Conj., links words, phrases or clauses; additionally; but also; more over; though; when; while; yet; whereupon)
- اِنۡ — In — If (= If the situation arises; in case; under the circumstances)
- طَلَّقۡتُمُو — Tul-luq-to-moo — You divorced (= v., Dissolved, ended, finished, rendered non-existing, renounced or terminated the marriage. A must read with this section is Note 002:228. Here the divorce means is the final one after its third pronouncement)
- هُنَّ — Hoon-na — Them women (= Refers to ‘all those women, in third person’)
- مِنۡ — Min — From (= From the class, category or count of; out of)
- قَبۡلِ — Qub-lay — Before (= Ahead of; antecedent; earlier than; older times; occurred or passed in prior period; prior to)
- اَنۡ — Un — That (= Absolutely; certainly; definitely; surely; verily)
- تَمَسُّو — Ta-mus-soo — You touch (= v., pres., 2nd person., Come close. Cause, complete or effectuate the marriage by consummation. Have had the conjugal intimate relationship with the wife)
- هُنَّ — Hoon-na — Them (= pl, f, in 3rd person. Refers to aforesaid women)
- وَ — Wa — And (= Conj., links words, phrases or clauses. See وَ above)
- قَدۡ — Qud — Surely (=Absolutely; categorically; verily; certainly ; definitely; positively; verily; without a doubt)
- فَرَضۡ — Fa-rudz — Undertook (= v., past; Accepted; agreed; appointed; contracted; decided; determined; fixed; incurred; intended; settled; specified. A/t/a, made up mind to do)
- تُمۡ — Toom — You (= pro., pl., m., 2nd person. You men)
- لَ — La — For(= For or with intent to the benefit, purpose, object or reason of)
- هُنَّ — Hoon-na — Them (= pl, f, in 3rd person. Refers to aforesaid women)
- فَرِيضَةً۬ — Free-dza-ton — An obligation (= n., Bridal money; dower money; dowry; marriage gift; marriage portion. Mandated obligation, portion or share of the consideration required to form a valid marriage contract under Moslem law)
- فَ — Fa — Then (= Consequently; as a result; so; thereafter; therefore; yet)
- نِصۡفُ — Nis-fo — One half (= Fifty percent [50%] is due, payable or to be made over)
- مَاۤ — Maa– What (= All that; whatever; whatsoever)
- فَرَضۡ — Fa-rudz — Undertook (= v., past; Accepted; agreed; appointed; contracted; decided; determined; fixed; incurred; intended; settled; specified. A/t/a, made up mind to do)
- تُمۡ — Toom — You (= pro., pl., m., 2nd person. You men)
- اِلَّا — Il-laa — Unless (= Besides; excluding; except; in case; save)
- اَنۡ — Un — That (= Absolutely; certainly; definitely; surely; verily)
- يَّعۡفُوۡنَ — Yau-foo-na — They forgive (= v., pres., pl., f., 3rd person. Excuse; forgive; forego; let go; let off the hook; omit; pardon; remit. Wives’s right to “forego their full due or a portion of it’ mandated by this verse is absolute and subjected to no restriction)
- أَوۡ — Auo — Or (= Alternatively; as a substitute)
- يَعۡفُوَاْ — Yau-fo-wa…(ul) — He forgives (= v., pres., pl., m., 3rd person. Excuse, forgive. See يَّعۡفُوۡنَ above *)
- الَّذِىۡ — La-zee — Who (= s., m., 3rd person. He. Refers to the husband. See below the Note) *
- بِ — Bay — With (= Literal translation of this Arabic word is ‘with’)
- يَدِ — Ya-day — Hand (= Agent, authority, control, delegation, power or responsibility; the representative capacity to give her in marriage; tie her marriage-knot while acting as her guardian)
- هٖ — He — His (= pro., s., m., 3rd person. Refers to the husband)
- عُقۡدَةُ — Ooq-da-too(n) — Contract (= Agreement; knot; settlement; tie)
- ٱلنِّكَاحِ — Nay-kaa-hay — Marriage (= Agreement or contract to enter matrimony between a man and woman)
- وَ — Wa — And (= Conj., links words, phrases or clauses. See وَ above)
- اَنۡ — Un — That (= Absolutely; certainly; definitely; surely; verily)
- تَعۡفُوٓاْ — Tau-foo — You forgive (= Excuse; forego; let go; omit; pardon; remit. Here it is recommended that a divorcing husband should pay his wife all the Mahr fixed and not just the one-half)
- أَقۡرَبُ — Uq-ra-bo — A lot closer (= Akin to; fairer; great deal; greatly; highly; much; more; nearer; a whole lot more appropriate. Also exceedingly properly, totally, very or wholly)
- لِ — L…(it) — For (= For or with intent to the benefit, purpose, object or reason of)
- التَّقۡوٰى — Tuq-waa — Righteousness (= n., Cleanliness; piety; doing duty to God Almighty. The root of this word means lifting one’s lower-body garments from getting soiled by dirt on the ground or entangled with thorns there. It has been translated with widely different words and phrases such as avoid angering Allah, act piously and righteously, become God-fearing, pious and righteous, become secure against evil, clean inner self, dutifulness, guard or shield against or ward off evil. More meanings in the Commentary The Righteous and verse 002:003)
- وَ — Wa — And (= Conj., links words, phrases or clauses. See وَ above)
- لَا — Laa — Never (= Absolute denial; no; not at all; total negation)
- تَنسَوُاْ — Tun-sa-wo…(ol) — You forget (= v., pres., pl., 2nd person., Be oblivious about; bypass; fall short; go around; ignore; miss the opportunity; neglect; omit; skip)
- ٱلۡفَضۡلَ — Fudz-la — Being kind (= n., Abundant blessings; generosity; liberality; acting generously; behaving benevolently; bestowing bounty; delivering abundance; giving freely and liberally out of kindness; providing peace; settling affairs in peace by giving more and taking less. As between divorcing couples, husband paying a larger sum than the wife’s one-half [1/2] share that belongs to her and is owed to her anyway)
- بَيۡنَ — Bai-na — Among (= Between; betwixt; among, towards or to each other)
- کُمۡ — Koom — You (= pro., pl., m., 2nd person. You. The Holy Qor-aan states this way when addressing both men and women jointly)
- اِنَّ — In-na…(ul) — Certainly (= Absolutely; definitely; doubtlessly; indeed; positively; specifically; surely; verily)
- ٱللَّهَ — Laa-ha — Allah (= The Almighty God; The only One worthy of worship)
- بِ — Bay — With (= Entitled to; or suited for)
- مَاۤ — Maa — All that (= Whatever; whatsoever)
- تَعۡمَلُوۡنَ — Tau-ma-loona — You do (= v., pres., pl., 2nd person., Act; perform; practice; take actions)
- بَصِيۡرٌ — Ba-see-r — Sees real well (= superlative form indicates the greatest, the highest, the most. and highlights that none sees more than Him. All-seeing. Looks after. Lookout. Mindful. Observer. Overseer. One who takes cognizance very well. Sees well. Top-seer. Watch. Watchful)
* Note 002:238. “He who” here refers to the husband. He is empowered to remit his one-half share of dower. He is recommended to pay his wife all of it. He cannot withhold her one-half share anyway. It stands to reason that the husband is authorized to waive his share of keeping one-half of the dower’. Such is the translation by eminent translators including the following.
- Allamah Nooruddin wrote: “… and that you (husband) forego (and pay the whole dowry money) is nearer to becoming secure against evil.”
- A Yusuf Ali emphasized the point by twice repeating it as follows. “Or (the man’s half) is remitted by him in whose hands is the marriage tie; and the remission (of the man’s half) is the nearest to righteousness.”
- Malik Ghulam Farid recommended that “the husband is certainly to make a greater show of generosity.”
- N. J. Dawood stated: “But it is more proper that the husband should forgo it.”
- Zafrullah Khan wrote: “The husband should voluntarily decide to pay a sum in excess of the half.”
“He who” could also be an impartial third-party mediator to do the needful.
But construing “in whose hand is the power to tie the knot of marriage” to mean that the husband is empowered to waive her [wife’s] one-half of the dower is an illogical deduction for the following among other reasons.
- It is not fair or equitable to the wife.
- It fails the test of providing a balanced solution.
- It is infected with the ‘conflict of interest’ that the very person who is the giver [of wife’s one-half of the dower] is also its taker [himself].
- It is tantamount to an absurdity like the disinheriting of a grandson from a pre-deceased son which from time to time the clergy inserted in Islaam, and which at least in Pakistan was ended by the Family Law Ordinance of 1961. That law made a grand-child inherit the grand-parent if the grand-parent outlived the ‘connection’ [grand-child’s parent who was the connecting son or daughter who had predeceased his/her parent].
