بسم الله الرحمن الرحيم

وَٱلۡمُطَلَّقَـٰتُ يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍ۬‌ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكۡتُمۡنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرۡحَامِهِنَّ إِن كُنَّ يُؤۡمِنَّ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِ‌ۚ وَبُعُولَتُہُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٲلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَـٰحً۬ا‌ۚ وَلَهُنَّ مِثۡلُ ٱلَّذِى عَلَيۡہِنَّ بِٱلۡمَعۡرُوفِ‌ۚ وَلِلرِّجَالِ عَلَيۡہِنَّ دَرَجَةٌ۬‌ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ (٢٢٨)

“Divorced women shall keep themselves waiting for three periods, and it is not permissible for them to conceal what Allah has created in their wombs, if they believe in Allah and in the Last Day. Their husbands are best entitled to take them back in the meantime, if they want a settlement. Women have rights similar to what they owe in recognized manner though for men there is a step above them. Allah is Mighty, Wise.”(228)

Ruling: Once a man divorces his wife, it is not permissible for her to enter into another marriage until she completes three menstrual periods. This is so she may be able to gauge her whether she is pregnant or not and so that the child is not attributed to the wrong person. It is therefor incumbent on the women to clearly state the condition of her womb – whether she is pregnant or whether she is still experiencing her menstrual periods. This period of waiting is known as iddah. (Tafsir Uthmani V1 pg 238)

Ruling: This is the iddah of a free woman with whom a man had sexual intercourse with or had khalwa sahiha (valid seclusion). If intercourse or khalwa sahiha had not occurred, there will be no iddah. If a woman does not have menstruation because of her elderly age or young age, the iddah for such a woman will be three lunar months. The iddah of a pregnant woman is until she gives birth. Valid seclusion is when there is no Shari or natural obstacle in the way of intercourse (Sharh Al Wiqaya V3 pg 124) (refer to fiqh books for more details). (Tafsir Uthmani V1 pg 238)

Ruling: If the husband so wishes, he has the right to take his wife back in the waiting period (iddah), even if his wife refuses, as long as only one or two revocable divorces were issued. The purpose of him taking her back should be that they can live happily together and in a healthy relationship, and not for him to oppress her and to cause her pain. If he does this, it is oppression and he will be sinning. (Tafsir Uthmani V1 pg 239)

Ruling: Men and women both have rights on one another. It is incumbent upon both to fulfill each other’s rights. However, men have the rank of leadership over women because it is their responsibility to maintain and look after their wives. At the same time, man has not been vested the authority to oppress her, nor waive her rights or destroy her wealth. The women should understand that the husband is her leader, while the man should think that Allah has blessed him with the custody of a women to aid him in this life. He must then make every effort to be cordial and polite to her, seeing to her every need. Since man has been given the position of leadership, he should endure all the woman’s failings, otherwise what is the purpose of this rank? The Holy Prophet ﷺ said, “A believing man should not harbour enmity for his wife due to dome flaw in her. If he dislikes something in her, he may very well like some other quality of hers” (Muslim V1 pg 475) Ibn Abbas RA reports that the Prophet ﷺ said, “The best of you is the one who is best onto his wife, and I am the best onto my wives. (Ibn Majah pg 142) (Anwar Al Bayan V1 pg 288)

Ruling: This verse serves to remind one that no person should think that he will not be taken to task for transgressing Allah’s laws. None can escape his justice since he is the almighty and powerful. At the same time, all his inunctions are replete with wisdom and in conformity with mans needs and abilities. No other mode of living can supersede that which issues from him. (Anwaar Al Bayan V1 pg 288)

Ruling: In the sight of Allah with regards to piety, good deeds and the hereafter, both men and women are equal. Therefore, with regards to piety and ranks in the hereafter which is the ultimate goal in life, women can surpass men. (Maarif Al Quran V1 pg 569)