Surah al-Ahzab (The Confederates) 33 : 49

Overview (Verse 49)
 
This passage begins with a general rule concerning women who are divorced before their marriage has been consummated. This is followed by a number of rules relating to the Prophet’s own family life, including the relationship between his wives and men generally, how Muslims should approach the Prophet’s home, and the honour God bestows on His Messenger’s home and how it is viewed by the angels and those on high. It concludes with a general order that applies to the Prophet’s wives, daughters and all Muslim women. They are ordered to draw their outer garments over their bodies when they go out, so that they are recognized as chaste women. Thus, men with bad characters, such as the hypocrites and other wicked people who used to tease and irritate women would not approach them. It concludes with a warning to the hypocrites and circulators of rumours that they would be expelled from Madinah unless they stopped disturbing and irritating the Muslim women.
 
These rules and directives form part of the reorganization of the Muslim community on the basis of the Islamic concept of life and society. As for matters that concern the Prophet’s own private life, God has willed that life in the Prophet’s home should remain a book open to all generations. Therefore, He incorporated these aspects into the Qur’ān, which will remain intact, and read in full, for the rest of time. At the same time, they are a sign of the honour God bestows on the Prophet’s home, as He Himself undertakes to regulate its affairs and present it to mankind in His book, the Qur’ān.
 
Divorce Before Consummation
 
Believers! If you marry believing women and then divorce them before the marriage is consummated, you have no reason to expect them to observe a waiting period. Hence, provide well for them and release them in a becoming manner. (Verse 49)
 
The situation of women divorced before their marriages have been consummated is dealt with in specific provisions outlined in Sūrah 2, The Cow: “You will incur no sin if you divorce women before having touched them or settled a dowry for them. Provide for them, the rich according to his means and the straitened according to his means. Such a provision, in an equitable manner, is an obligation binding on the righteous. If you divorce them before having touched them but after having settled a dowry for them, then give them half of that which you have settled, unless they forgo it or he in whose hand is the marriage tie forgoes it. To forgo what is due to you is closer to being righteous. Do not forget to act benevolently to one another. God sees all that you do.” (2: 236-237)
 
This means that if a dowry has been agreed by the two parties in a marriage terminated before consummation, then the divorced woman is entitled to half the dowry. If the dowry has not been stated, then she is entitled to some provisions, in accordance with the means of the divorcing husband. Such a provision is binding on righteous people. The two verses in Sūrah 2 do not mention any waiting period for such a divorced woman. We now have here a rule concerning this aspect, making it clear that such a woman has no waiting period to observe.
 
The waiting period is primarily to establish whether or not there is a pregnancy, so that no child is attributed to anyone other than its father, and no father is deprived of his child who might still be in the early days of conception. If the marriage has not been consummated, then no pregnancy has taken place, and there is no need for a waiting period. “You have no reason to expect them to observe a waiting period. Hence, provide well for them.” (Verse 49) This provision is according to what is mentioned in the other verses: half the agreed dowry or, if no dowry is agreed, a provision commensurate with the man’s financial status. The other obligation is to “release them in a becoming manner.” (Verse 49) There must never be any imposition of hardship. Divorced women should be released so that they can begin a new life with someone else. This rule applies generally to all Muslims, given here in the context of organizing the Muslim community’s social life.