Appointed Portion And Divorce

 

Divorce and the dowry (L-308)

وَإِن طَلَّقتُموهُنَّ مِن قَبلِ أَن تَمَسّوهُنَّ وَقَد فَرَضتُم لَهُنَّ فَريضَةً فَنِصفُ ما فَرَضتُم إِلّا أَن يَعفونَ أَو يَعفُوَ الَّذي بِيَدِهِ عُقدَةُ النِّكاحِ ۚ وَأَن تَعفوا أَقرَبُ لِلتَّقوىٰ ۚ وَلا تَنسَوُا الفَضلَ بَينَكُم ۚ إِنَّ اللَّهَ بِما تَعمَلونَ بَصيرٌ237.

237.  Wa  ‘in- tallaqtumuu-hunna  min- qabli  ‘an-tamassuu-hunna  wa  qad  faraztum  lahunna  farii-zatan- fa-nisfu  maa  faraz-tum  ‘illaaa  ‘any-ya’- fuuna  ‘aw  ya’-fu-wallazii  bi-yadihii  ‘uqdatun-Nikaah.  Wa  ‘an-ta’-fuuu  ‘aqrabu  litaq-waa.  Wa  laa  tansawul-fazla  baynakum.  ‘InnAllaaha  bimaa ta’-maluuna  Basiir.

237. If you divorce them before you have touched them, but after you had set the dowry for them, give them half of what you specified—unless they forego the right, or the one in whose hand is the marriage contract foregoes it. But to forego is nearer to piety. And do not forget generosity between one another. God is seeing of everything you do.

Some more commandments regarding the divorced woman and payment of her appointed portion have been mentioned in this verse. If the portion (maher) was appointed at the time of marriage tie, and the time of divorce comes before touching the wife, then half of the appointed portion will be paid compulsorily. But the woman herself or the person; in whose hand is the marriage tie, if they excuse entire portion or some part of it, then it is another matter.

After that, it has been described also that if the husband overlooks then it is more reasonable close to piety, because God bestowed him greatness and authorized him for keeping the marriage tie or to divorce her wife. If the husband doesn’t pay even half of the portion now, and divorces without touching her, then it is not reasonable near God fearing. Any kind of failure didn’t exist from the side of his wife. As though, these became four forms of divorce and portion:

1.   Neither the portion is appointed, nor did husband touch his wife. In this form, he should pay some reasonable sum to his wife.

2.   The portion was appointed but he did not touch her. Now half of the appointed portion will be paid by him.

3.   The Portion was appointed and he committed also a sexual intercourse. Then he will pay complete appointed portion.

The Portion was not appointed but he performed intercourse. In this case, he would have to pay the similar portion (Maher Misl). https://youtu.be/Qi7hq5hyKlc