1يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا
65|1|O Prophet! If any of you divorce women, divorce them during their period of purity, and calculate their term. And be pious before God, your Lord. And do not evict them from their homes, nor shall they leave, unless they have committed a proven adultery. These are the limits of God—whoever oversteps God’s limits has wronged his own soul. You never know; God may afterwards bring about a new situation.
 
H 10510, Ch. 8, h 3 Ibn Mahbub has narrated from ibn Bukayr from Zurarah who has said the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘If a man wants to divorce his wife I like if he does so in the form of divorce according to Sunnah.’ He (the narrator) has said that he (the Imam) then said, ‘This is that about which Allah, most Majestic, most Glorious, has said, ‘. . . perhaps Allah thereafter will cause something to happen.’ (65:2) It means after divorce and waiting period a marriage with him, before the advance of the case to a marriage with another man. He (the Imam) said, ‘How vast is the justice and time for them! He must divorce her in a Hayd (menses)-free period without sexual intercourse one divorce in the presence of witnesses then leave her until three months or three Hayd (menses) then he becomes one of those who may propose marriage.’”
 
2فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا
65|2|Once they have reached their term, either retain them honorably, or separate from them honorably. And call to witness two just people from among you, and give upright testimony for God. By that is exhorted whoever believes in God and the Last Day. And whoever fears God—He will make a way out for him.
 
H 10801, Ch. 58, h 1 A number of our people have narrated from Sahl ibn abu Nasr from Muhammad ibn Sama‘ah from Zurarah who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who says to his wife, ‘You are unlawful for me.’ He (the Imam) said to me, ‘Had I the control over him I would give him a headache. You should have said to him that Allah has made her lawful for you then what has made her unlawful for you? In fact it (saying, ‘You are unlawful for me’) is nothing more than a lie. He thus has thought that what Allah has made lawful for him has become unlawful and there is no divorce or expiation on him.’ I then asked about the meaning of the words of Allah, most Majestic, most Glorious, ‘O Prophet, why do you make unlawful what Allah has made lawful for you’ (65:2) then expiation is made necessary.’ He (the Imam) said, ‘He only made unlawful for him his slave-girl, Maria and swore not to go near her. He, in the case of swearing, made expiation necessary not in the case of making something unlawful.’”
 

H 1594, CH 29, h 7 A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from certain individuals of his people from Salih ibn Hamza in a mafu’ manner from abu ‘Abd Allah, recipient of divine supreme covenant, who has said the following: “To have intense fear of Allah, the Most Majestic, the Most Holy, is part of worship. Allah has said, ‘Of the servants of Allah who fear Him are the scholars.’ (35:28) Allah, Whose praise is great, has said, ‘Do not fear people but fear Me.’ (5:44) Allah, the Most Blessed, the Most High, has said, ‘For those who fear Allah, He finds a way out (in their difficulties).’ (65:2) “The narrator has said that abu ‘Abd Allah, recipient of divine supreme covenant, then said, ‘Love for fame and popularity (domination) will not exist in the heart of one who has fear and is concerned (about his relation toward Allah).’” 

 

H 10509, Ch. 8, h 2 A number of our people have narrated from Sahl ibn Ziyad Ahmad ibn Muhammad from Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from al-Hassan ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Divorce which is not according to Sunnah or not with waiting period does not have any valid effect.’ Zurarah has said that I then asked abu Ja‘far, ‘Alayhi al-Salam, ‘Please explain to me divorce according to Sunnah and divorce with waiting period.’ He (the Imam) said, ‘For divorce according to Sunnah the man must wait until she experiences Hayd (menses) and becomes clean from Hayd (menses). When this happens he can divorce her in the presence of two witnesses without going to bed with her; then he leaves her until she experiences Hayd (menses) twice and her waiting period becomes complete. On her experiencing the third Hayd (menses) she becomes stranger to him. He then is one of those who may propose marriage; if he wants he can marry or not to marry. He must pay her maintenance as long as she is in her waiting period and they inherit each other during the waiting period.’ He (the Imam) said, ‘Divorce with waiting period is the divorce which Allah, most Majestic, most Glorious, has mentioned, ‘. . . .divorce them with waiting period and keep a count of the waiting period.’ (65:2) For this kind of divorce if a man wants to divorce his wife he must wait until she experiences Hayd (menses) and become clean of Hayd (menses) then divorce her one divorce in the presence of two just witnesses without going to bed with her. He then can go back to her on the same day if he likes or after several days or before she experiences Hayd (menses). He must have a witness for his going back to her. He can go to bed with her and live with her until she experiences Hayd (menses). When she experiences Hayd (menses) and becomes clean, divorce her in the presence of witnesses without going to bed with her. He then can go back to her again anytime he likes before she experiences Hayd (menses) for the third Hayd (menses). When she becomes clean of the third Hayd (menses) he divorces her in the presence of witness for the third time without sexual intercourse. When he does this she becomes stranger to him and he cannot marry her again before she marries another man.’ He (the Imam) was asked, ‘What happens if she does not experience Hayd (menses)?’ He (the Imam) said, ‘In such case she is divorced according to Sunnah.’”

 

H 14112, Ch. 3, h 1 A number of our people have narrated from Ahmad ibn ‘Abd Allah from ‘Abd al-Rahman ibn abu Najran and Muhammad ibn Ali from abu Jamilah from Jabir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said this. ‘One may hide a testimony, or testify to invalidate the case of the murder of a Muslim, or to turn away from its rightful course the assets of a Muslim. He on the Day of Judgment will be brought with darkness before him as far as eyes can see, with bruises on his face whom all creatures will know by his name and genealogy. One who presents the right testimony to revive a right of a Muslim, he on the Day of Judgment will be brought with light before him as far as the eye can see, and all creatures will know him by his name and genealogy.’ Abu Ja‘far, ‘Alayhi al-Salam, then said, ‘Have you not seen that Allah, the most Blessed, the most High, says, ‘. . . you must present the testimony for Allah.’ (65:2)”

 
3وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ ۚ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ ۚ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًا
65|3|And will provide for him from where he never expected. Whoever relies on God—He will suffice him. God will accomplish His purpose. God has set a measure to all things.
 
H 1584, CH 28, h 5 A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from more than one narrator from Ali ibn Asbat from Ahmad ibn Úmar al-Hallal from Ali ibn Suwayd who has said the following: “I asked abu al-Hassan 1st, recipient of divine supreme covenant, about the words of Allah, the Most Majestic, the Most Holy: ‘Whoever trusts Allah, He is enough protection against all (harms).’ (65:3) “The Imam said, ‘Trust in Allah is of several degrees. One level of such trust is to trust Him in all matters. Whatever He does, you must remain happy and agree with His decision, knowing that He does not keep anything good and excellent from you and that the decision in the matter is in His hands. You then must leave all the affairs to Allah to be the person in charge (of all affairs) and have confidence in Him in this and other issues.’”
 
H 8371, Ch. 8, h 5 It is narrated from him (narrator of previous Hadith) from Muhammad ibn Ali from Harun ibn Hamzah from Ali ibn ‘Abd al-‘Aziz who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, once asked me, ‘What has ‘Umar ibn Muslim done?’ I replied, ‘I pray to Allah to keep my soul in service for your cause, ‘he has devoted himself in worship and has given up doing any business.’ He (the Imam) said, ‘Fie upon him! Does he not know that the prayer of one who neglects work to make a living is not answered? A people of the companions of the Messenger of Allah, when this was revealed, “Those who maintain piety before Allah, He makes a way out for them and provides them sustenance from unexpected sources” (65:3), closed their doors and begun to worship. They said, “We have found what we needed.” This was reported to the Holy Prophet who called them in his presence and asked, “What made you do what you had been doing?” They replied, O Messenger of Allah, you guaranteed our sustenance, and thus, we devoted ourselves in worship.” He said, “Whoever does this his prayer is not answered. You must work for your living.”’”
 
4وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْرًا
65|4|As for those of your women who have reached menopause, if you have any doubts, their term shall be three months—and also for those who have not yet menstruated. As for those who are pregnant, their term shall be until they have delivered. Whoever fears God—He will make things easy for him.
 

H 4124, Ch. 1, h 2 Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . if you doubt . . .’ (65:4) He (the Imam) said, ‘Whatever takes place after a month is doubtful.’”

 

The deviated at heart strike the controversy using the term “and those who did not menstruate” – ( وَاللائِي لَمْ يَحِضْنَ – wallaa-ee lam yahidna).

Traditional writers use this part of the verse to mean those who did not menstruate yet. The critical word here, not found in the original Qur’an is “yet”. By this interpretation, it would mean this part of the verse is in reference to girls who have not started menstruation, and therefore, are still below the age of puberty. And since the verse is discussing the process of divorce for them, it must be approving of their marriages. They then propagate that child [forced] marriages of daughters are valid and pious deeds committed by the father. They state explicitly that sexual intercourses with prepubescent girls, by their alleged adult “husbands” is endorsed by Allah in the Qur’an! Therefore, they seek to authorise paedophilia using the Book of Allah. Also, such scenarios are by defaultrapes of children, since children are not developed in sexual awareness and their teachings involves sexual imposition of a man upon a child girl who subsequently surrenders under the circumstances. The traditionalists connect the child bride with their relentless teachings of a wife’s obligation to obey and surrender to the sexual whims of her husband, which only worsens the sexual exploitation and abuse of children. The mindset of these people have been diagnosed in the Qur’an:

“When they commit an indecent act (Fahish / فَاحِشَة), they say, “We found our fathers doing it and Allah commanded us to do it too.” Say: “Allah does not command indecency (fahshaa / فَحْشَاء), or do you say things about Allah you do not know?” (Qur’an, 7:28)

 

Therefore, there is not the slightest error in expression for the intended meaning. What is explained here is the natural meaning that comes instinctively to the minds of every sincere believer who reads the verse.

The teaching of the permissibility of men having sex with children is a desire of those men who seek such perverted pleasures and have succeeded in gaining approval of their position in religion, and not from the Creator of Mankind. The Creator, Who designed all biological systems and sent the Qur’an in harmony with nature. Paedophilia is not remotely suggested in any Quranic verse, by any stretch of the imagination. Furthermore, the verse regarding all orphans under the care of believers further demonstrates that marriage (and therefore sexual intercourse) is for a person who has gained the ‘adult mindset’:

وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا

“And test the orphans (to see) that they have reached marriageable (age). If you find them of sound judgement…” (Qur’an 4:6)

This “sound judgement”, or “رُشْدًا” in Arabic to be precise, depicts a state of mind of adult maturity, which refers to the “marriageable age”, “النِّكَاح”, mentioned prior to it. This maturity is something children do not have. Therefore, their construed understanding of the verse from Surah At-Talaq is even more baseless in the Qur’an.

 

As we know marriage must be agreed and contracted between two adults with their free will and sanity. There can be no marriage between someone who can not freely consent. 

 

Proponents of child-marriages argue if the Qur’an intended to mean those who do notmenstruate in adult age, it would use لَا يَحِضْنَ – laa yahidna, “do not menstruate” (i.e. continuous present) rather than لَمْ يَحِضْنَ – lam yahidna, “did not menstruate” (did not in the past). However, the Quranic choice of the use of the grammatical form “لَمْ يَحِضْنَ – lam yahidna” is highly appropriate. It is referring to the past and present, from the moment they did not commence menstruation when they should have, up till now – i.e. did not and still not menstruating. It does not at all indicate that they are yet to menstruate (and therefore mean young girls). It is just like if one said, “انا لم اشربه / ana lam ashrabuh – I did not drink it”. The person naturally only means by that statement he did not drink it from back then up to this moment, unless someone else suggests on his behalf he will drink it in the future. Just like that, the Qur’an is saying that they did not menstruate from back then up to this moment (never menstruated). The traditionalist interpreters perform the manipulation themselves by suggesting the word “yet” which gives the meaning that they are going to menstruate in the future, something the verse does not suggest. Therefore, there is no reason to assume it is referring to children when reading وَاللائِي لَمْ يَحِضْنَ – wallaa-ee lam yahidna – “those who did not menstruate”. To review these points again, the expression:

1)  Is referring to the past when they did not start menstruation at their expected age to the present day.

2)  Does not suggest “yet” as they claim.

3)  Begins after laying the context of adult women. Therefore, “those who did not menstruate” are from the adult view point in reference to them, referring to their past. Reading the Qur’an again, this is obvious:

“And those among your women who despair of menstruation, if you have any doubt, their appointed (waiting) time is three months, and (same) for those who did not menstruate.” (Qur’an 65:4)

 
5ذَٰلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ ۚ وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَاتِهِ وَيُعْظِمْ لَهُ أَجْرًا
65|5|This is the ordinance of God, which He sent down to you. Whoever fears God—He will remit his sins, and will amplify his reward.
6أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ ۚ وَإِن كُنَّ أُولَاتِ حَمْلٍ فَأَنفِقُوا عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ ۚ فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ ۖ وَأْتَمِرُوا بَيْنَكُم بِمَعْرُوفٍ ۖ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَىٰ
65|6|Allow them to reside where you reside, according to your means, and do not harass them in order to make things difficult for them. If they are pregnant, spend on them until they give birth. And if they nurse your infant, give them their payment. And conduct your relation in amity. But if you disagree, then let another woman nurse him.
 
H 10752, Ch. 49, h 1 Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A man must not harm his wife when he divorces her to make it difficult for her so she is forced to move away before the end of her waiting period. Allah, most Majestic, most Glorious, has prohibited it, saying, ‘. . . you must not harm them (women) to make it difficult for them.’” (65:6) Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad, from Ali ibn al-Hakam, from Ali ibn abu Hamzah from abu Basir from abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith.
 
7لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ ۚ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا ۚ سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا
65|7|The wealthy shall spend according to his means; and he whose resources are restricted shall spend according to what God has given him. God never burdens a soul beyond what He has given it. God will bring ease after hardship.
 

H 414, Ch. 32, h5 Through the chain of narrators of the previous Hadith from Yunus has narrated from Hammad from ‘Abd al-A‘la who has said the following: “Once I said to (Imam) abu ‘Abd Allah, recipient of divine supreme covenant, ’May Allah keep you well, Has Allah placed a means in people to know?’ He replied, ‘No, He has not done so.’ I asked, ‘Will He hold them responsible for knowing?’ He said, ‘No, because it is for Allah to explain.’ ‘Allah does not impose on any soul a responsibility beyond its ability . . .’ (2:286) ‘Allah does not impose on any soul that which he cannot afford . . .’ (65:7) “I asked the Imam about the words of Allah in, ‘Allah does not misguide a nation after having given them guidance until the means of piety are made known to them . . .’ (9:115) The Imam said, ‘It (means of piety) means not until He gives the knowledge of what pleases Him and what displeases Him.’”

 

H 10019, Ch. 152, h 7 Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar or others from ibn Faddal from Ghalib ibn ‘Uthman from Rawh ibn ‘Abd al-Rahim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . one who suffers from constraint in his sustenance must spend from whatever Allah has granted him.’ (65:7) He (the Imam) said, ‘He must provide her with basic necessities and clothes, otherwise, judgment for separation between them must be issued.’”

 

H 12116, Ch. 2, h 12 It is narrated from the narrator of the previous Hadith from Nuh ibn Shu’ayb from certain persons of his people who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who is affluent and has a great deal of clothes and very fine ones, palliums, many shirts which are used to extend the life of each shirt and beautify himself; if it is profligacy and lavishness. He (the Imam) said, ‘No, it is not lavishness because Allah, most Majestic, most Glorious, says, “The affluent can spend according to his affluent condition.” (65:7)’”

 
8وَكَأَيِّن مِّن قَرْيَةٍ عَتَتْ عَنْ أَمْرِ رَبِّهَا وَرُسُلِهِ فَحَاسَبْنَاهَا حِسَابًا شَدِيدًا وَعَذَّبْنَاهَا عَذَابًا نُّكْرًا
65|8|How many a town defied the command of its Lord and His messengers? So We held it strictly accountable, and We punished it with a dreadful punishment.
9فَذَاقَتْ وَبَالَ أَمْرِهَا وَكَانَ عَاقِبَةُ أَمْرِهَا خُسْرًا
65|9|It tasted the result of its decisions, and the outcome of its decisions was perdition.
10أَعَدَّ اللَّهُ لَهُمْ عَذَابًا شَدِيدًا ۖ فَاتَّقُوا اللَّهَ يَا أُولِي الْأَلْبَابِ الَّذِينَ آمَنُوا ۚ قَدْ أَنزَلَ اللَّهُ إِلَيْكُمْ ذِكْرًا
65|10|God has prepared for them a severe retribution. So beware of God, O you who possess intellect and have faith. God has sent down to you a Reminder.
11رَّسُولًا يَتْلُو عَلَيْكُمْ آيَاتِ اللَّهِ مُبَيِّنَاتٍ لِّيُخْرِجَ الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ مِنَ الظُّلُمَاتِ إِلَى النُّورِ ۚ وَمَن يُؤْمِن بِاللَّهِ وَيَعْمَلْ صَالِحًا يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا أَبَدًا ۖ قَدْ أَحْسَنَ اللَّهُ لَهُ رِزْقًا
65|11|A messenger who recites to you God’s Verses, clear and distinct, that he may bring those who believe and work righteousness from darkness into light. Whoever believes in God and acts with integrity, He will admit him into gardens beneath which rivers flow, therein to abide forever. God has given him an excellent provision.
12اللَّهُ الَّذِي خَلَقَ سَبْعَ سَمَاوَاتٍ وَمِنَ الْأَرْضِ مِثْلَهُنَّ يَتَنَزَّلُ الْأَمْرُ بَيْنَهُنَّ لِتَعْلَمُوا أَنَّ اللَّهَ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ وَأَنَّ اللَّهَ قَدْ أَحَاطَ بِكُلِّ شَيْءٍ عِلْمًا
65|12|God is He Who created seven heavens, and their like of earth. The command descends through them, so that you may know that God is Capable of everything, and that God Encompasses everything in knowledge.