Transliteration:( Laa junaaha 'alaikum in tallaqtumun nisaaa'a maa lam tamassoohunna aw tafridoo lahunna fareedah; wa matti'hoohunna 'alal moosi'i qadaruhoo wa 'alal muqtiri qadaruhoo matta'am bilma'roofi haqqan 'alalmuhsineen )
236. There is no blame on you if you divorce women whom you have not touched [580], or if you have not yet set a dowry for them [581]. But give them something to benefit from according to your means: the wealthy according to his capacity, and the less fortunate according to his capacity—this is an obligation [582] on those who do good. [583]
The term “not touched” refers to the absence of sexual intercourse.
🔹 In Islamic law, Khilwat-e-Sahiha (valid privacy) is treated like intercourse if the husband and wife had seclusion without any hindrance to intimacy.
🔹 Divorce in such a case does not incur the full dowry, but still requires some material consideration to be given.
From this we learn:
Dowry (Mahr) is not a prerequisite for the validity of marriage.
If no dowry was decided and divorce occurs before consummation, the man owes nothing major, just a basic gift or suit of clothing.
However, if consummation occurred—even if no dowry was agreed—customary dowry (mehr-e-mithl) becomes fully due.
🔹 Also, only the husband has the right to pronounce divorce, regardless of the wife's consent.
Even when no dowry was agreed upon and no sexual contact occurred, the woman should still receive a token gift.
🔹 This is defined as a suit of clothes, which must reflect the economic status of the man:
A wealthy man must give a more valuable gift.
A poor man may offer a simple or inexpensive one.
🔹 This serves both as consolation and a sign of dignity for the divorced woman.
Two core rulings are drawn:
In the absence of a dowry and consummation, the husband must give one suit of clothes (typically consisting of a dress, pants, and scarf).
The quality of this gift must be in accordance with the man's financial capacity, reflecting justice and compassion in Islamic family law.
235. And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise (of contract) with them in secret except that you speak an honorable saying. And do not be determined on the marriage bond until the term prescribed is fulfilled. And know that Allah knows what is in your minds, so fear Him. And know that Allah is Oft-Forgiving, Most Forbearing.
Allah said:
(And there is no sin on you) meaning, to indirectly mention marriage to the widow during the term of `Iddah for her deceased husband. Ath-Thawri, Shu`bah and Jarir stated that Ibn `Abbas said:
(And there is no sin on you if you make a hint of betrothal) “means saying, `I want to marry and I am looking for a woman whose qualities are such and such,’ thus talking to her in general terms in a way that is better.” In another narration (by Ibn `Abbas), “Saying, `I wish that Allah endows me with a wife,’ but he should not make a direct marriage proposal.” Al-Bukhari reported that Ibn `Abbas said that the Ayah:
(And there is no sin on you if you make a hint of betrothal) means, “The man could say, `I wish to marry,’ `I desire a wife,’ or, `I wish I could find a good wife’.” Mujahid, Tawus, `Ikrimah, Sa`id bin Jubayr, Ibrahim An-Nakha`i, Ash-Sha`bi, Al-Hasan, Qatadah, Az-Zuhri, Yazid bin Qusayt, Muqatil bin Hayyan and Al-Qasim bin Muhammad and several others among the Salaf and the Imams said that one is allowed to mention marriage indirectly to the woman whose husband died. It is also allowed to indirectly mention marriage to a woman who had gone through final, irrevocable divorce. The Prophet ordered Fatimah bint Qays to remain in the house of Ibn Umm Maktum for `Iddah when her husband Abu `Amr bin Hafs divorced her for the third time. He said to her:
(Inform me when your `Iddah term ends.)
When she finished the `Iddah, Usamah bin Zayd, the Prophet’s freed slave asked to marry her, and the Prophet married her to him. As for the divorced wife (not irrevocably divorced), there is no disagreement that it is not allowed for other than her husband to mention marriage proposals to her directly or indirectly (before the `Iddah finishes). Allah knows best.
Allah said:
(…or conceal it in yourself,) meaning, if you hide the intention of seeking marriage with them. Similarly, Allah said:
(And your Lord knows what their breasts conceal, and what they reveal) (28:69) and:
(…while I am All-Aware of what you conceal and what you reveal.) (60: 1) So, Allah said here:
(Allah knows that you will remember them) meaning, in your hearts, so He made it easy for you. Allah then said:
(…but do not make a promise (of contract) with them in secret)
`Ali bin Abu Talhah reported that Ibn `Abbas said that
(but do not make a promise (of contract) with them in secret) means do not say to her, “I am in love (with you),” or, “Promise me you will not marry someone else (after the `Iddah finishes),” and so forth. Sa`id bin Jubayr, Ash-Sha`bi, `Ikrimah, Abu Ad-Duha, Ad-Dahhak, Az-Zuhri, Mujahid and Ath-Thawri said that it (meaning of the Ayah) means taking the woman’s promise not to marry someone else.
Afterwards, Allah said:
(…except that you speak an honorable saying.)
Ibn `Abbas, Mujahid, Sa`id bin Jubayr, As-Suddi, Ath-Thawri and Ibn Zayd said that the Ayah means to indirectly refer to marriage, such as saying, “I desire someone like you.” Muhammad bin Sirin said: I asked `Ubaydah about the meaning of Allah’s statement:
(. ..except that you speak an honorable saying.) He said, “He says to her Wali, `Do not give her away (in marriage) until you inform me first’.” This statement was narrated by Ibn Abu Hatim.
Allah then said:
(And do not be determined on the marriage bond until the term prescribed is fulfilled.) meaning, do not make marriage contracts before the `Iddah finishes. Ibn `Abbas, Mujahid, Ash-Sha`bi, Qatadah, Ar-Rabi` bin Anas, Abu Malik, Zayd bin Aslam, Muqatil bin Hayyan, Az-Zuhri, `Ata’ Al-Khurasani, As-Suddi, Ath-Thawri and Ad-Dahhak said that:
(until the term prescribed is fulfilled.) means, `Do not consummate the marriage before the `Iddah term finishes.’ The scholars agree that marriage contracts during the `Iddah are invalid.
Allah then said:
(And know that Allah knows what is in your minds, so fear Him.) warning the men against the ideas they conceal in their hearts about women, directing them to think good about them rather than the evil, and Allah would not let them despair of His mercy, as He said:
(And know that Allah is Oft-Forgiving, Most Forbearing.)
(2:236) There is no blame upon you if you divorce your wives before you have touched them or settled a bridal gift upon them. But even in this case you should make some provision for them:[260] the affluent, according to his means; the straitened, according to his means – a provision in fair manner. That is a duty upon the good-doers.
260. This sundering of the matrimonial contract after it has been concluded does cause some harm to the woman; God has ordered, therefore, that the person concerned should compensate for the loss according to his capacity.
[94]- The marriage has not been consummated. [95]- Required bridal gift (mahr) .
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