This is a continuation of ‘Dowry as a Means of Alimony in Islam’.
When it comes to alimony talks in islam after a divorce pronouncement, unlike the practice we have today that basically doesn’t encourage taking care of the woman anymore, until say, the courts intervene, and she wins; in Islam, the divorce only goes into effect when the waiting period is over, of which depending on the circumstances, is an average of three period cycles, or if the woman is found to be pregnant, will last till she gives birth, and in this time, the husband is still expected to care for her in a way and manner that she would love to be cared for, and that is peaceful.
Having discussed some of the ways in which the Dowry system in Islam was engineered towards making sure that in the event of a divorce, the woman is able to stand on her two feet; here, in this piece, we’ll be looking into other measures that are available in Islam that encourages, mandates and obligate men to care for their ex-wives after the end of the waiting period.
And so, we’ll be looking into how the wife is supposed to be cared for in the Waiting Period, and in the post Waiting Period.
Well, without further ado, let’s get into it.
Tolaq is the word that’s popularly translated and known to be divorce, and as we read on in this piece, we’ll get acquainted with more expressions that were translated to divorce, what they really mean, and how they apply in the divorce system in Islam.
So, tolaq, Tọlaq is one of those words that when understood the way Allah intends that it be understood, a lot of the controversies surrounding its execution becomes really easy to understand and dispel. And that’s our first task in this piece, to try to make understanding the word easy, so that no matter what circumstances one finds one’s self in, or someone else, one is able to objectively apply the tools in this piece to reach a more just conclusion, InshaAllah.
The root alphabets of tọlaq are tọ, lam and qaf, and 4 forms of the word appeared a total of 23 times in the Quran. Tọlaq is said to mean to be free, to free, to let go, to set off, to set out, to bring forth shoots; to be generous; to divorce etc.
Classically though, tolaq is said of a camel when its bond, cord or knot by which the shank and arm of a camel was bound together is being loosened. The shank and the arm of a camel gets tied together you ask? I gatchu:





As we see in the pictures above, sometimes, the rear shanks and rear arms of the camel are also bound together. This is done for various reasons which can include but not limited to the shepherd trying to make sure that the camels don’t wander off, to tame an unruly camel from kicking and hurting others, to keep them still for milking, etc.
And so the act of unknotting or loosening this bond is what tolaq is. To be noted in all these is the ‘being held up’ before the loosening that occurs, for tolaq, when it is used to mean ‘setting out’ is only used in the Quran to describe a setting out after having been held back, or one having a feeling of being bound to remain somewhere.
Q48 V15 is a perfect example of its usage in this way; Allah said, “Those who remained behind will say when you tolaq (set out) toward the war booty to take it, ‘Let us follow you.’ They wish to change the words of Allah. Say, ‘Never will you follow us. Thus did Allah say before.’ So they will say, ‘Rather, you envy us.’ But [in fact] they were not understanding except a little.”
The verse was revealed about Banu Ghifar, Aslam, Ashja and some people from Muzaynah and Juhaynah who didn’t set out with the prophet pbuh and his companions when they set out to Makkah, which later led to the treaty of hudaybiyyah because they thought setting out then was a death sentence, but now wanted to set out with the prophet and his companions to Khaybar because that promised a lot of spoils of war. The Muslims, having been bound hitherto by the Charter between them and the Jews, but now are being released, the knot is now being loosened for them to go forth, set out, against them, because the Jews breached the charter; we see in both instances in the verse, a viable reason why the use of the word tolaq was essential.
Other places where the word was used to mean setting out are embedded in the story of Moses and Khidr, wherein, tolaq was used 3 times in Q18 Vs 71, 74 and 77, after having been held up, before then proceeding. Other places that the word was used to mean setting out are Q77 Vs 29 and 30, and in Q68 V23.
It is with all of these in mind that the word has come to be used to mean being free, setting forth, proceeding, and expressions of that nature. And since the free one is happy, cheerful, bright, generous and the likes, tolaq is also said to mean that.
To further buttress this definition of tolaq meaning loosening of a knot or bond, let’s look into how it was used in another story of Moses.
We find in Q26 V13 that Moses while pleading for reinforcement from Allah, said, “And that my breast will tighten and my tongue yantoliqu (will not be fluent), so send for Aaron.” And in Q20 V27 he supplicated to remedy that by saying “And untie the u’qdatan (knot) from my tongue”. So we see here that he prayed for his tongue to be able to move freely and with ease, aka speak fluently, and not stammer, the knot from his tongue has to be untied. Q113 V4 is another place where a’qidu was translated to knot, wherein Allah says “And from the evil of the blowers in u’qad (knots)”.
So that we see that before tolaq happens, there’s a knot, a bond, and in the case of marriage, a covenant. In fact, a’qidu is a word that was used in the Quran in relation to marriage too. I’m sure that rings a bell already, a’qidu nikah.
In Q2 V235, Allah says that “…And do not determine to undertake an u’qdata nnikah (marriage contract) until the decreed period reaches its end…”; and in V237, Allah states that “…unless they forego the right or the one in whose hand is the u’qdatu nnikah (marriage contract) foregoes it…” Some other translators have translated that phrase to mean marriage tie, knot of marriage, bond of marriage, wedding knot, marriage knot, and the likes.
Q5 V1 states that “O you who have believed, fulfill [all] u’quud (contracts)…”. Q5 V89 states that “Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you a’qadtum (contracted) of oaths…” And Q4 V33, Allah says, “…And to those whom your a’qadat (oaths have bound [to you]) – give them their share. Indeed Allah is ever, over all things, a Witness.”
All of these to say that with knots, the bond doesn’t just come off immediately the shepherd wishes like some kind of magic, but in doing tolaq of the knot, there is a waiting period in which the shepherd has to go on his knees, seek the knot, and untie it, one twist at a time until the camel is fully free, free to roam, and pasture wherever she wants.
As with Allah’s ever perfect use of words, it so happens that this ‘waiting period’ that the shepherd has to undergo while taking off the knot is also recorded in the Quran with respect to undoing marriage bonds, and it’s called I’ddah, the Waiting Period.
Allah says in Q65 V1, “O Prophet, when you [Muslims] tollaqtum (divorce) women, fatoliquu (divorce) them for [the commencement of] their iddatiHina (waiting period) and keep count of the i’ddat (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 Q65 V5 with respect to iddah says that “That is the command of Allah, which He has sent down to you…”.
Q2 V228 records that the Waiting Period should be 3 period cycles, “Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day…”. Q65 V4 however stated 3 months of iddah for those who despair of menstruation, if one is in doubt; and 3 months also for those that don’t menstruate – 3 months, not to be confused with 3 period cycles that was mentioned in Q2 V228 above for those that still menstruate. And as for those that are pregnant, their iddah ends when they give birth as stated in Q65 V4, “…And for those who are pregnant, their term is until they give birth…”, and Allah follows that verse with V5 that says “That is the command of Allah, which He has sent down to you; and whoever fears Allah – He will remove for him his misdeeds and make great for him his reward.”
And as I wrote above, it is only after the iddah has happened in which the knots are being untied, that the camel then becomes free, to pasture wherever it pleases. And again, this eventuality, the being free, is also recorded as a stage in the divorce process, and that’s what is called the Sarih, and Fariq; these are the words that really fit into what we refer to as divorce today, the being apart, and being free, from one another. A total break from one’s spouse, and that’s why a new dowry is required if one wants to remarry them, something that’s not required were someone to assimilate them during the Waiting Period.
Well now, let’s define the terms.
As for Sarih, its root alphabets are sin, ra and ha, it is said to mean to pasture, to set free, and 5 forms of the word was used 7 times in the Quran; sarihuu occurred twice, sarahaan twice, usarih once, tasrahuun once, and tasreehun once. Of all of them, the only time it was used for other than in the space of divorce was in Q16 V6, wherein Allah said, “And in them there is beauty for you when you bring them home in the evening, and when tasrahuun (you drive them forth to pasture in the morning).”
This idea of being sent out to pasture is true to its Classical Arabic usage as they also used the word to refer to when they let their camels or cattle graze freely, to wherever they please; it is also said of when the torrent flows freely, and easily. And it is from this idea that the meaning of being sent forth, and being free comes from.
And now that we know what we know of this word, we can differentiate it from tolaq when it comes to camels by saying that while tolaq is happening, the shepherd still has the camel in his care, under his roof, still trying to unknot the knot, still feeding and caring for it even, if the unknotting process is taking a while; but with sarih, tolaq has been completed, and the camel is now in the fields, free, left to pasture wherever she likes. Having all these in mind are essential when we start looking at the verses that refer to these words. It is in not understanding these words as they were understood in classical times, that we’ve fallen into the deep abyss of opinion differences and the likes.
To also be noted in all of these is that, with sarih, because they’ve been left to roam freely, they can return to the barn if one goes to get it to come back, or it can waltz away, and get owned by some other shepherd. Essential.
Now, Fariq, its root alphabets are faf, ra and qaf, and it is said to mean to scatter, to disperse, to spread over a period of time; to separate, to distinguish, to cause to be distinct; to split; to discriminate; opening between the front teeth; group, faction. Of this root, 17 forms of the word occurred 72 times in the Our’ an.
Perhaps, an easy way to conceptualize the meaning of fariq is to look at the words of Allah in Q2 V50, wherein Allah said, “And [recall] when faraqna (We parted) the sea for you and saved you and drowned the people of Pharaoh while you were looking on.”
We see there that if with sarih, we are still thinking of a possibility of return, we see with fariq the nature that a divorce can, or may have. One of total separation, because for the people of Israel to have been able to walk through the parted sea, there must have been a total separation of the sea.
And so classically, fariq is said of when the road divides into two roads, and from all that it came to be used for separation, the moving apart, the moving away, physically and mentally, thereby emphasizing the separation. Q18 V78 says “[AI-Khidhr] said, “This is firaaqu (parting) between me and you…”.
The first question I want us to answer after knowing all of these is the question of how many Waiting Period can there be before the wife is expected to mandatorily marry someone else and then divorcing before one is then able to marry them again?
Let’s start with Q2 V226 that says, “For those who yuluuna (swear) not to have sexual relations with their wives is a tarabusu (waiting time) of four months, but if they return [to normal relations] – then indeed, Allah is Forgiving and Merciful.” And V227 that says, “And if they decide on tolaq (divorce) – then indeed, Allah is Hearing and Knowing.”
So we see that when we are talking about tolaq, or its waiting period, V226 doesn’t apply. That’s for those that swear for whatever reason not to be with their wives, and tarabusu alone is the word that was used to refer to how long he can stay away from her. And Allah also made sure to then mention tolaq in the verse that follows it to make sure that it is differentiated from it.
Now, even though Q2 V228 says, “Almutollaqatu (Divorced women) yatarabbasna (remain in waiting) for three periods…”, because the word that was used to describe the separation is ‘talaq’ we know that i’ddah comes with it because Allah said in Q65 V1 that “O Prophet, when you [Muslims] tollaqtum (divorce) women, fatolliquuHuna (divorce them) for [the commencement of] their li-i’ddat (waiting period) and keep count of the i’ddat (waiting period)…”; also because we’ve learned that classically talaq and i’ddah are like a fruit and its seed that’s embedded in it.
Yatarabbasna was highlighted here because of the nature of what was going to be discussed. And that is that one of the reasons for the i’ddah is to see if she is pregnant; V228 continues with ““Almutollaqatu (Divorced women) yatarabbasna (remain in waiting) for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day…”. And generally, rabis, the key word in yatarabbasna, with a sod, not a sin, is used when one is waiting for something to happen, when one is on the look out, as in Q9 V24 where Allah said “…so be on the look-out till God brings about His command…”. And so, rabis was highlighted here. So that in a nutshell, rabis is one of the qualities of i’ddah, and when it is mentioned outside of tolaq, it doesn’t carry the properties of tolaq.
So we see in V228 that 3 period cycles is the i’ddah of a woman that has been tolaq-d, and we also see that Allah has made tolaq and i’ddah twins, whenever the first is pronounced, the second must be initiated; same as when we looked into the whole camel, knots and untying process; now we see why for every tolaq there must be an i’ddah.
Now, Q2 V229 says, “Attolaqu (Divorce) is twice. Then, either faimsakum (keep [her]) in an acceptable manner or tasreeh (release) [her] with good treatment…”.
The difference of opinions concerning this verse stems from the interpretation of one alphabet, faf. The faf before imsakum, it was translated here to mean ‘then’. This conjunctive particle should have been translated to ‘so’ instead of ‘then’. ‘So’ is a much more appropriate conjunction to be used here in order to show the logical sequence of events. Q28 V15 is an example of where the faf was translated to ‘so’ appropriately, “…fa (so) Moses struck him and [unintentionally] killed him…”. If ‘then’ had been used there, it will presuppose a time lapse, and not an immediate reaction to the reality on ground.
An example of a place where ‘then’ is perfect every time is when there is a proximate sequence of event that has to do with time lapse as in Q23 V14 where Allah said, “Thumma (Then) We made the sperm-drop into a clinging clot, fa (then) We made the clot into a lump [of flesh], fa (then) We made [from] the lump, bones, fa (then) We covered the bones with flesh; thumma (then) We developed him into another creation. Fa (So) blessed is Allah, the best of Creators.”
But in the Q2 V229’s case, there’s no time lapse involved, because, the fa in “fa (Then), either keep [her] in an acceptable manner or release [her] with good treatment…” was explaining the phrase that came before it, that “Divorce is twice…”, and we know this because one, Allah literally just said ‘divorce is twice’, and so to use a word – ‘then’ that is – that will saliently presuppose another marriage and divorce situation will not be the perfect word to translate the faf to. A readily usable word is ‘so’, and a quick insertion of ‘so’ instead of ‘then’ makes us see the verse in a new light, one that defines the experience of being married as imsakun and that of being divorced as tasreeh, “Attolaqu (Divorce) is twice, so, either faimsakum (keep [her]) in an acceptable manner or tasreeh (release) [her] with good treatment…”.
And the second reason why ‘so’ is a much better translation of faf there rather than ‘then’ is embedded in the hadith of Yahya that’s recorded in Imam Malik’s Muwatta, Book 29, hadith number 80 and 1242 where it was said that “Yahya related to me from Malik from Hisham ibn Urwa that his father said, “It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, ‘No! By Allah, I will not go to you and you will never be able to marry again.’ Allah, the Blessed, the Exalted, sent down, Divorce is twice, ‘then’ honourable retention or setting free kindly.’ People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced.” [Apostrophes around the ‘then’ above is mine.]
Anyway, we see in the sabab that the intention was to restrict tolaq to two times, and that sakin and tasreeh that came after was just describing the state of the said marriage, and the divorces, not another marriage that then doesn’t require a tolaq, but one can just move to sarih; if that is right, does that also mean that the marriage doesn’t require a’qidu nikkah? That the ‘marriage’ is just one of ‘retaining her’, even though she has been tolaq-d (divorced) and sarih (separation) has happened? That goes against all that we’ve been learning so far.
In that same vein, V230 wherein Allah said “And if he has tollaqaHa (divorced her) [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], 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.”, should not have [for the third time] in parentheses, since we know that ‘tolaq is twice’, so that this condition should apply after the wife has been tolaq-d the second time, not the third time, as some say. And Allah knows best.
There are couple of instances of how this can play out, first one is that the husband pronounces tolaq on his wife, her waiting period starts and ends, and sarih kicks in, then he goes and propose to her again, marries her with another dowry and all, does tolaq again, i’ddah starts and ends, and sarih kicks in again; this man will only be able to marry her again after another man has legitimately married and divorced her, or he dies.
The other way this plays out is if a man marries a woman, pronounces tolaq on her, the waiting period starts, he retains her before the end of the i’ddah period; then he pronounces tolaq again; he can’t retain her again, he must wait it out till sarih kicks in, and another man marries her, divorces her, or dies, before he can then marry her again, because Allah said ‘tolaq is twice’. To allow him to retain her in this instance will mean that he will be able to pronounce tolaq on her again, which will make it the third time.
So, one can use up the two tolaqs in one marriage, or use one per marriage, or else we’ll fall into the whole cycle again, which was what it was intended to curb.
I should also state that I think no matter how many times one says tolaq in an instance, it is still one tolaq, because only one i’ddah will be served. And since sarih will kick in as soon as the i’ddah ends anyway, the pronouncer can get his wish. And now if he wants to marry her again, he will have to be nice to her, woo her, eat all of his words, pay a new dowry, and he will only have one more tolaq left to use, if he dares, because then, he will have to wait for her to remarry, if she ever does, get divorced, or her new husband dies before he can then be able to remarry her. But he doesn’t have to wait for her to marry first before proposing if he has only used up one tolaq, and she has only served one i’ddah.
Another question that pops up is if each spouse has two tolaqs, and I think the two tolaqs belong to the marriage, not just one or both spouses; so if the husband pronounces the first tolaq, and takes her back during that i’ddah, she can pronounce the second tolaq, and he will only be able to marry her if and when she has remarried someone else, divorced that person, or the person dies, before he will then be able to marry her again with a new dowry.
To those that have said ‘then either keep her…’ means that he can still take her back during the second i’ddah, and that the third separation is not called tolaq but sarih, and that means that there won’t be a Waiting Period; the problem with that is what if she is pregnant, and Q65 V5 already said that i’ddah of a pregnant woman lasts till she gives birth, will that mean that she will have to go and be taking care of herself during the pregnancy by herself?
Anyway, the next question will be that, is it right to assume that imsakum which is a word derivative of sakin, or sakinah, was used in place of ‘the experience of being married’, and tasreeh was used in place of ‘the experience of being divorced’? And to that extent, let’s look into the Quran itself to see what Allah’s expectation of us in a marriage is.
We see in Q30 V21 that Allah said, “And one of His Signs is this, that He has created wives for you from among yourselves that you may find llitaskunuu (tranquility) in them, and He has put love and tenderness between you. In that surely are Signs for a people who reflect.” So, we see here what we should seek in marriages, and what word we can use or should use to qualify all of the experience of being married is Sakinah from Llitaskunuu above. Q7 V189 furthers this position where it says “He it is Who has created you from a single soul, and made therefrom its mate, that he might find liyaskuna (comfort) in her…”. Sakinah (loyaskuna) was used to again to qualify the experience of being married.
So we see now how in Q2 V229, sakinah in faimsakum will be used to refer to the quality, state and experience of being married; now, let’s look into the instance where Sarih was used for the experience of being divorced.
Q33 V28 says “O Prophet, say to your wives, ‘If you should desire the worldly life and its adornment, then come, I will provide for you wa uSARRIHkunna SARAHAN jameelan (and give you a gracious release).’” So, we see here that sarih was used to describe what we know involves all that we’ve learned about tolaq and i’ddah, and its processes. And we can also derive from the use of the word sarih here, that Allah is putting the wishes of the wives upfront; so if all the way is what you want, we’ll give you all the way, even though it will still go through due process.
Now, back to Q2 V229 that started all of these, I think a more informed translation of that verse is with the conjunctive particle ‘so’, after a comma, to show that imsakun and tasreeh were describing what came before it. Attolaq (Divorce) is twice, so either have a tranquil experience with her in your marriage each time that you are married to her, in a manner that is ma’ruf, or separate from her with ihsan (good treatment) each time you divorce her. No more indefinite amount of tolaq and assimilation, tolaq and assimilation. We see now that one of the purports of the word ‘then’ will also be that this sakinah should only exist in the ‘third marriage’, which as we’ve seen should exist in each and every marriage one has.
Now that we’ve defined those terms, let’s now move into a more alimony aligned talk.
And to that end, we see that Q2 V229 gave us faimsakum bi ma’ruf, and tasrihum bi ihsan; Q2 V231 gave us fa amsikuHuna bi ma’ruf, sarihu Huna bi ma’ruf; Q2 V236 gave us mattiuu’Hunna and mata’am bil ma’ruf; Q33 V49 by itself and in relation to Q2 V237 also gave us mattiuu’Hunna and sarahan jameelan; Q2 V240 gave us mmata-a’n; Q2 V241 mata’um bil ma’ruf; Q65 V2 gave us fa amsikuHuna bi ma’ ruf, and fariqu Huna bi ma’ruf; Q33 V28 gave us Umatti’kuna, usarrihku, and sarahan jamilan; so that when it comes to divorce in islam as a means of alimony, these are the words that will lead the way in our efforts to discuss it.
When broken down, these are the 6 words that were used to express how one is to be treated during and after a divorce – sakina, ma’ruf, ihsan, jamilan, mata’an, and fariq – and so we will look into them and how they apply to alimony.
We’ll start with the two phrases we’ve been talking about, faimsakum bi ma’ruf and tasreehum bi ihsan, the former, describes the treatment one should be giving and getting in a marriage, and the latter describes the treatment one should be getting even when one is getting divorced.
Though, sakinah in Q2 V229 was translated to ‘keep’, in Q2 V231 and Q65 V2 as ‘retain’; what these translations don’t take into account is the quality of the said act, which is that it should be one laced with ‘tranquility’. In Q65 V6, where Allah was talking about the living situation of someone in i’ddah, Allah used sakinah to qualify it with askinuHuna, which was translated to ‘lodge them’. This verse will be dealt with later in this book, but for now, it is enough to note that the sakinah treatment is not limited to pre-i’ddah, but that it continues into the i’ddah period.
So, let’s talk a bit about sakinah so that we are able to make sense of the alimony talks. It has its root alphabets as sin, kaf and nun. 13 forms of the word was used 69 times in the Quran; sakana 14 times, tuskan once, askin 5 times, sakan 3 times, sakin once, sakinatun 6 times, maskan once, masäkin 11 times, maskunatun once, maskanatun twice, miskin 11 times, masakin 12 times and sikkin once.
You’ll find that other than here where it is used to mean to keep, to retain, and where one lives, another form of it is also used to refer to someone that’s in need, as in Miskin in Q18 V79. Or, Sikkeen in Q12 V13 where it is used to mean knife, and the list goes on.
Sakina however means to be quiet, to be still, to be tranquil, to inhabit, to dwell, to be poor, knife. When one is in a tranquil space, the ambiance is referred to as being quiet, still, serene, and peaceful, right? And that’s why ‘knife’ is also derived from the same root alphabets, because, it can kill an animal for instance, and make them still, and quiet. And when it is used to mean ‘poor’, those are the categories of poor people that are quiet, and perhaps, quite content in their lack of material things, they aren’t begging, or asking, these are the Miskin.
Anyway, when Allah says ‘keep her’, ‘retain her’, or ‘lodge them’, what’s missing in that is that they shouldn’t be disturbed, they should be treated in a way that won’t make them have outbursts, and that will mean different things to different people, the spouses are the ones that know each other best, and know what they can do to unsettle their spouse or push their buttons – these are things that should not be done to someone that one is married to, or planning to divorce while they are in their waiting period. And of course, this can incur financial participation from the husband.
Talking of good deeds that flows from knowing one’s spouse, ma’ruf is the word that sakinah qualifies in the 3 verses mentioned above about keeping and retaining her – Imsakun bi ma’ruf, Fa amsikuHuna bi ma’ruf, fa amsikuHuna bi ma’ ruf – and even with respect to the ‘lodge them’ in V6 of Q65, ma’ruf was later mentioned as the acceptable manner that conversations between the spouses should be conducted.
Other mentions of ma’ruf in our alimony talks includes that in Q2 V231, sarihu Huna bi ma’ruf; Q2 V236, Mata’an bil ma’ruf; Q65 V2, Fariqu Huna bi ma’ruf; we see that it was used to qualify sarih and fariq, which as we’ve seen is the separation proper, the phase that kicks in after the waiting period is over, the phase that witnesses the marriage, that here on out, to have her back will require paying another dowry, Allah says that separation process should be done in a ma’ruf manner, so, what in fact is Ma’ruf?
Ma’ruf’s mim is a conjunctive pronoun, the actual word is a’rf, the mim is a conjunctive pronoun prefixed to it to signify one that does a’rf; ain, ra, and fa. 10 forms of the word occurred 70 times in the Quran, and it is said to mean heights, facial features, mane; comb or crest of a bird; to recognise, to know, knowledge, to inform; mentor; divinations; to confess, confession; social norms, good deeds, charity; fragrance, perfumes.
The underlying meaning of the word is to have particular knowledge about something. Though ma’ruf is translated as ‘good’ in a lot of verses, so does a handful of words in the Arabic literature, part of which includes but not limited to hasan, khayr, solihat and the list goes on. But classically, a good act is said to be ma’ruf if the said good act is done based on one’s ‘recognition’ that the receiver particularly likes the act done. So, giving someone a gift is good, but giving them a gift that you know, recognize, based on prior knowledge, that they particularly like, that would be ma’ruf.
Prophet Yusuf, in Q12 V58 when his brothers went to him for their supplies unbeknownst to them that he is Yusuf that they threw down a well years ago; Allah said, ‘and the brothers of Joseph came [seeking food], and they entered upon him; and he ‘recognized’ (a’rafa) them, but he was to them unknown (nkir)’.
We see how nkir (munkar), and a’rafa (ma’ruf) are used as opposites there. To understand a’raf even deeper, let’s look at one more example of its opposite. We see in Q27 V41 that Sulaimon told the Jinns to ‘disguise (nakir) for her her throne…’. So there is a sense of alteration, for something to not be recognizable; so that a’raf, its opposite would mean to recognize, to know, easily recognizable and the likes.
So that when it comes to the living condition and divorce processes and conditions, it should be one that is drenched in Ma’ruf. Talking of divorce conditions, we see in Q65 V2 that Allah said 2 witnesses should be present for either the retaining or the separation, and they should also be witnesses and or signatories to the testimony that will be established; Allah said, “And when they have [nearly] fulfilled their term, either retain them bi ma’ruf (according to acceptable terms) or part with them bi ma’ruf (according to acceptable terms). And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah. That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah – He will make for him a way out.”
The content of this testimony when separation is opted for, with the use of ma’ruf, should be one that isn’t mean, or geared towards depriving the other of what they own or are entitled to. The testimony can even include terms that stipulates how the said ex-spouse can be cared for up until they ask for it to be stopped, if they ask for it, and the husband in the spirit of ma’ruf accepts.
To further entrench this idea of ma’ruf in spousal relations, I looked up every mention of ma’ruf in the Quran, and there are 39 mentions, and 19 of these mentions were in relations to spousal relations like the one we are talking about now, and the other 20 times were with respect to other relationships like how to treat someone that has just murdered someone as seen in Q2 V178. So, marital treatments takes a whooping 48%.
Q2 V178, Q2 V263, Q3 V104, Q3 V110, Q3 V114, Q4 V5, Q4 V6, Q4 V8, Q4 V114, Q7 V157, Q9 V67, Q9 V112, Q9 V71, Q22 V41, Q31 V15, Q31 V17, Q33 V6, Q47 V21, Q60 V12, Q24 V53 are the 20 instances to make 51%.
Q2 V180, Q2 V228, Q2 V229, Q2 V231, Q2 V231, Q2 V232, Q2 V233, Q2 V233, Q2 V234, Q2 V235, Q2 V236, Q2 V240, Q2 V241, Q4 V19, Q4 V25, Q33 V32, Q65 V2, Q65 V2, Q65 V6 are the 19 times Ma’ruf was mentioned in relations to spousal relations to make 48%.
Now, let’s digress a little bit, and address the now infamous piece by some scholars where they stated that “the Sharia does not have any concept of nafaqa (financial expenditure) on the ex-husband for the ex-wife, let alone on an ex-wife for an ex-husband… Even while the husband carries the financial obligation during the marriage and the ʿidda, the nafaqa entails covering her financial expenses, not making cash payments to her… Alimony as a means of financial support post-i’ddah is impermissible, and neither party may claim it as part of the divorce proceedings except to recoup actual nafaqa and debts owed…”
Knowing what we know of sakinah and ma’ruf, we can say that it is misleading for anyone to claim that Islam doesn’t have any ‘financial expenditure’ on one’s ex-spouse, because as we’ve seen, if both parties agree to such in the spirit of ma’ruf and in presence of 2 witnesses, then they will be bound by it. As for the word that was translated to ‘financial expenditure’, if they truly understood the word, they’d know that it can’t even be the word to use when trying to make such arguments.
Q60 V10 used the word nafaqa to qualify monies spent on one’s spouse in a marriage, “O you who have believed, when the believing
women come to you as emigrants, examine them. Allah is most knowing as to their faith.
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what anfaquu (they have spent). And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what anfaqtum (you have spent) and let them ask for what anfaquu (they have spent). That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise.”
So, what does nafaqa mean? As we’ve seen, it is said to mean spending, to spend, to donate, and 10 forms of the word occurred a total of 111 times in the Quran. And it classically means a desert rat’s tunnel that has an entry hole and another hole for exit somewhere else. Another example of nafaqa is the rope space in one’s trouser around one’s waist. The rope goes in in say the right hole, and then comes out from the left hole, this is nafaqa. You can find it being used as a ‘tunnel’ in Q6 V35 where Allah said “And if their evasion is difficult for you, then if you are able to seek a nafaqaan (tunnel) into the earth or a stairway into the sky to bring them a sign, [then do so]. But if Allah had willed, He would have united them upon guidance. So never be of the ignorant.”
It is also that word that mim prefixes to make muNAFIQUN. You see the nun, faf and qaf? The mim added to it is a conjunctive pronoun that refers to someone that does that repeatedly. So that a munafiqun, unlike a mumin, has an exit strategy or exit plan upon entering into Islam, or at some point whilst in Islam. They are either in just so that they are able to gather intel or cause trouble, and as soon as trials, tribulations, or what they perceive as ‘burden’ is placed on the Muslims, they exit the tunnel just as the desert rat does. Q63 V2 and V5 shows how they not only turn away, but also work towards others turning away from Islam, and they do that all from within.
Anyway, so when it comes to spending, money or otherwise, it is money that one spends freely, money that as soon as it comes into one’s pocket, it slips out into your spouse’s, or at least, if one can’t give it right away for whatever reason, one plans to. Q3 V17 is another example of where Allah used it to qualifier spenders, “The patient, the true, the obedient, munfiqeen (those who spend [in the way of Allah]), and those who seek forgiveness before dawn.” Which basically means that these are people that the money that they make has charity exit plans as soon the money comes in, and so they give it freely.
So that when it comes to nafaqa and ma’ruf, one can say that nafaqa is a form of ma’ruf, one can use nafaqa to fulfill ma’ruf. And so when it comes to nafaqa for an ex, it is enough that both parties agreed to it in their testimony terms; the question of whether the state should mandate nafaqa as part of the terms in the spirit of ma’ruf could be said to be a personal thing that should be left to parties to decide, but so is zakat, and yet, the state, in some Muslim jurisdictions mandate it; and I think in the spirit of ma’ruf, and qist (justice), it should be mandated, it should now be left in the hands of the other to refuse, or accept it, and of course, the amount that will be required will be one that takes into consideration how much the man is making, how much the woman will need to be able to stand on her feet, and any other yardstick that is fair.
If nafaqa is one of vehicles of ma’ruf, and one has to be ma’ruf to one’s when one is living with them in tranquility, and when one is divorcing them, as we’ve seen above it qualifies sarih and fariq, then how can one say that Islam doesn’t have a nafaqa system for one’s ex, or that it is impermissible?
As to their second assertion that nafaqa doesn’t include giving cash to one’s spouse during one’s marriage, it is obvious from the examples we’ve seen above that that’s not true. A munfiqeen for instance, will only be able to do what they do by giving out money to whomsoever needs it, they don’t have to be buying stuff and giving that thing. 🙄
Lastly, to assert, based on faulty assumptions that alimony is not only impermissible, but that parties cannot even write it into their testimony terms of separation, is against the whole idea of ‘nafaqa’, which is suppose to be money one gives freely, money that has an exit strategy as soon as it comes in.
To be continued InshaAllah