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[quote][There are certain other issues regarding women also that you must know] and for your oaths9 do not make the name of Allah an obstacle to deal kindly and to observe the limits of Allah and to make peace among men, and [you should know that] Allah knows all and hears all. He will not hold you liable for your oaths sworn inadvertently. But He will take you to task for oaths sworn with your heart’s intention and [in reality], Allah is forgiving and lenient10. [So] those who swear to abstain from their wives11 must wait four months. If they change their mind, Allah is forgiving and ever-merciful12; but if they decide to divorce them, [know that] He hears all and knows all13. (224-7) 9. This verse is a prelude to the directive of ‘اِيلَاء’ (ila) the coming verses state. The implied meaning is that since swearing by the Almighty is tantamount to calling him to witness a person should in no way swear an oath that infringes upon the rights of the Almighty or those of His creation; however, if by chance a person happens to swear such an oath, he is directed to break it. A person should in no way embark upon usurping the rights of others or evading deeds of piety and virtue merely on the excuse that an oath has been sworn. The words ‘أَنْ تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ’ which delineate this fact are explained by Imam Amin Ahsan Islahi in the following words: The words ‘بِِرّ’ , ‘تَقْوى’ and ‘اِصْلَاح’ encompass all deeds of virtue. The word ‘بِِرّ’ embraces all virtues that relate to the parents, the relatives, the poor, the orphan and other members of the society. The word ‘تَقْوى’ covers all virtues that relate to the Almighty and ‘اِصْلَاح’ include all virtues that relate to the society [in general]. (Islahi, Amin Ahsan, Tadabbur-i-Qur’an, 2nd ed., vol. 1 (Lahore: Faran Foundation, 1986), 529) 10. The implied meaning is that one should indeed break all such oaths; however, this does not mean that a person will not be held accountable for such oaths. The Almighty will not punish him for an oath that is sworn without intention and purpose which a person just utters involuntarily. However, He shall punish a person for oaths which are sworn intentionally and voluntarily through which a pledge is made or which influence the rights and obligations of individuals or affect divine injunctions in any manner. As is the general rule for a sin, he will need to atone for it through sincere repentance; however, as 5:89 specifies, he will also have to compensate for it in the prescribed manner. 11. The actual word used is ‘اِيلَاء’. This is a term of the Arab Jahiliyyah society which means to swear an oath to sever sexual relations with one’s wife. Such an oath leaves the wife in an indefinite state and is as such against virtue and piety. Consequently, the Almighty has fixed a four month period after which a husband must decide to either resume the marital relationship or to divorce her. It is evident from this directive that it is not allowed to sever sexual relations with one’s wife without a valid reason. So much so, if a person swears such an oath, he must break it. Such relations are the right of a wife and if a husband does not fulfill them, then he can be regarded a criminal both in the eyes of the law and before the Almighty in the Hereafter. In return, the wife also does not have the right to refuse compliance with these relations without a valid reason. 12. Although this oath was sworn to usurp rights and it is not lawful to swear such oaths, but if a person mends his ways the Almighty shall forgive him. 13. The implied meaning is that if a person decides to divorce his wife then he must abide by the rules and regulations that the Almighty has prescribed in this regard. He hears and knows everything. Excesses committed against someone else will not remain concealed from Him. FOR MORE DETAILS pl see: http://www.monthly-renaissance.com/issue/content.aspx?id=185[/quote]
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