228- DIVORCED WOMEN SHOULD WAIT OBSERVING THEMSELVES FOR THREE MENSTRUAL CYCLES, AND IT IS NOT PERMITTED FOR THEM TO CONCEAL WHAT ALLAH HAS CREATED IN THEIR WOMBS, IF THEY BELIEVE IN ALLAH AND THE LAST DAY.  AND THEIR HUSBANDS HAVE THE RIGHT TO RETURN THEM (INTO THE MARRIAGE) DURING THIS TIME IF THEY DESIRE RECONCILIATION, AND WOMEN HAS AS MUCH RIGHTS AS THEY HAVE RESPONSIBILITIES, WITH KINDNESS, BUT MEN ARE A DEGREE ABOVE THEM, AND ALLAH IS EXALTED IN POWER AND MOST WISE.

This is a rule in Islamic Law (Shariaa) concerning divorce.  Of the things Allah the Highest allows, Allah hates the divorce most.  Allah’s messenger prayer and peace upon him said: “Of all the things Allah permitted, divorce is the thing which Allah hates most” (D: Talaq; 3 & Ma: Talaq; 1)

Divorce is allowed in Islam however, for there are times when the continuation of the marriage does the family more harm than good.  Also there are situations when either one spouse or the other, do not like the other and can not continue living with them, or for any other reason.  Then it is better for them to part, so that each may find another partner. 

The command is for the divorced woman to observe herself for any sign of pregnancy for three menstrual cycles.  The end of this period some say it is:

1-    The beginning of the third menstrual bleeding.

2-    More scholars say it is the end of the third menstrual bleeding.

This is the opinion of Omar Ibn El-Khatab, Othman Ibn Afan, Ali Ibn Abi Taleb, Aysha, Abd Allah Ibn Masoud, and Abu Musa El Ashari.

It means that the Edda is finished when the third menstrual bleeding is finished and she cleansed herself and bathed ready to pray.

During this period the husband has the right to return her into the marriage without her agreement.  After the end of the Edda, it has to be with her agreement and with a new wedding and new dowry.

The Edda has two main functions:

1-    Establish if the divorced woman is pregnant, which establishes the paternity of the child.  Also husband and wife might reconsider the continuation of the marriage if they are going to have a child.

2-    Gives both husband and wife a chance to rethink and try reconciliation.  This period also allows them to calm down, and for those of good will to mediate.

A man should take his wife back only if he really desires reconciliation, not to cause his wife hurt and harm.  Also a wife should show a desire to go back to her husband if she desires to resume marital life, not to hurt or take revenge.  Allah the Highest said: “AND DO NOT DETAIN THEM TO HURT THEM AND TO BE UNJUST”.  (S: 2 A: 231)

Allah the Highest is telling us that women have as much rights as they have responsibilities and duties to their husbands and children.  They should have their rights of being well treated, appreciated, and provided for kindly and in a pleasant and appreciative way. 

When Allah’s messenger prayer and peace upon him was asked about the rights of the wife, he answered: “To feed her out of what you are fed, cloths her as you are being clothed, do not hit the face, do not insult her or call her ugly, and do not desert except at home”.  (D: Nekah; 42)

In fact in Islamic Law the wife has rights in every aspect of life, including sex and her husband is responsible for her and her welfare.

Then Allah the Highest says: “MEN ARE A DEGREE ABOVE THEM”

This is clarified by another Ayah “MEN ARE THE GUARDIANS AND PROTECTORS OF WOMEN, FOR ALLAH BESOWED MORE ON ONE THAN THE OTHER, AND BECAUSE OF WHAT THEY SPEND OF THEIR MONEY” (S: 4 A: 34)

Allah the Highest gives men the responsibility of looking after women and protecting them, as well as the financial responsibility for their wives, as well as their mothers and sisters if in need.  Allah the Highest endowed may with more physical strength, and ability to earn.  A woman needs extra protection when pregnant, and nursing children.  It is the right of the woman to be looked after, protected and provided for, in order to fulfill her function and responsibilities in looking after the family, nursing and rearing the children, and providing peace and comfort for her husband.

B: Bukhari   M: Muslim    Mal: Malek   A: Ahmed   D: Abu Dawood     

 Da: Daremy       Ma: Ibn Magah            N: Nesae          T: Termezi