Transliteration:( Wa in tallaqtumoohunna min qabli an tamassoohunna wa qad farad tum lahunna fareedatan fanisfu maa faradtum illaaa ai ya'foona aw ya'fuwallazee biyadihee 'uqdatunnikaah; wa an ta'fooo aqrabu littaqwaa; wa laa tansawulfadla bainakum; innal laaha bimaa ta'maloona Baseer )
584. The words "giving divorce without touching them" hints that if the husband dies before establishing sexual relation with his wife, she will be entitled to the full dowry determined at the time of marriage. The question of half dowry is pertaining to the woman divorced before sex had taken place.
585. In respect of the woman foregoing the payment of dowry she should collect less than half the value of the dowry and forego the rest: in respect of men they should pay more than half or full amount of the agreed dowry.
586. From this we learn that the knot of marriage is in the hands of man, hence dissolutions of marriage i.e divorce is also his prerogative and not the right of the woman. neither in Khula nor without Khula i.e. inthe case of Khula the divorce will be dependent on the willingness of the husband. The present day concept of Khula among the Muslim masses that of a woman pays an amount to her husband to obtain her divorce irrespective of whether the husband is prepared to agree on the divorce is totally wrong, because if the husband is not willing to give the divorce, it will not take place .
587. In the way of divorce try and give the wife the most you possibly can, don't try to forego the payment, for you are the chief. The chief will appear better when he gives, not when he takes.
588. After divorce there should be no ill feeling or jealousy between the couple. One should take into account duties imposed by Islam as well as their family ties.
236. There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mut`ah (a suitable gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.
Allah allowed divorce after the marriage contract and before consummating the marriage. Ibn `Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that `touched’ (mentioned in the Ayah) means sexual intercourse. The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.
Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah’s Messenger married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.
261. Magnanimity in dealings is essential if human relationships are to remain sound and pleasant. If everyone were to stick strictly to his legal rights and claims, a pleasant social life would he rendered impossible.
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