Q&A (Fatwa)

#13. ON THE VERSE OF DIVORCE

” As salam alaykum waramotullah
I mean marrying wive by pushing another a retirement
pls I need reference on d ayah of Quran that talks on ibdaal zawj another one on a retirement I dnt knw where to find it”

ANSWER

Wa alaykum salaam warahmatullaah wabarakaatuh.

Alhamdulillaah Wa as-salaatu Wa Assalaamu ala a Rasulillaah!

The verse to which you refer is found in Suratu An-Nisaa

ﻭَﺇِﻥْ ﺃَﺭَﺩﺗُّﻢُ ﺍﺳْﺘِﺒْﺪَﺍﻝَ ﺯَﻭْﺝٍ ﻣَّﻜَﺎﻥَ ﺯَﻭْﺝٍ ﻭَﺁﺗَﻴْﺘُﻢْ ﺇِﺣْﺪَﺍﻫُﻦَّ
ﻗِﻨﻄَﺎﺭًﺍ ﻓَﻠَﺎ ﺗَﺄْﺧُﺬُﻭﺍ ﻣِﻨْﻪُ ﺷَﻴْﺌًﺎ ۚ ﺃَﺗَﺄْﺧُﺬُﻭﻧَﻪُ ﺑُﻬْﺘَﺎﻧًﺎ ﻭَﺇِﺛْﻤًﺎ ﻣُّﺒِﻴﻨًﺎ

“And if you intend to replace a wife, one for another, and you have paid heavily (for her mahr), then do not take anything of it. Will you take it in error and in grave sin?”

But contrary to your assertion, the verse refers to a practice that was trite in Arabia before Islam where, whenever men want to divorce a woman to marry another would force the woman to seek for a divorce, either by coercion or indirectly so that the divorce will take the form of khul’a and he can take back the Mahr he gave to her during the nikaah.

The verse came as a way of prohibiting the act not a way of encouraging it.

This is the Tafsir of majority of the Ulamaa of Tafsir and the Jurisconsults (fuqahaa) from across the Madhaahib.

For this reason, though some considered it a makruh, the correct verdict passed by the Ulamaa is that it is not permissible to divorce a woman without a sound reason.

Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran

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