Chapter 2: Surat Al-Baqarah (The Cow), verse 224-228
Translation:
Do not make God, when you swear by Him, a means to prevent you from dealing justly, from guarding yourselves against evil, and from making peace among men. God knows all and hears all. God will not call you to account for that which is inadvertent in your oaths. But he will take you to task for for that which is intended in your hearts. God is for giving and lenient.
Those that renounce their wives on oath must wait four months. If they change their minds, God is forgiving merciful; but if they decide to divorce them, know that God hears al and knows all.
Divorced women must wait, keeping themselves from men, three menstrual courses. It is unlawful for them, if they believe in God and the Last Day, to hide what God has created in their wombs: in which case their husbands would do well to take them back, should they desire reconciliation.
Women shall with justice have rights similar to those exercised against them, although men have a status above women. God is mighty and wise. (224-228)
Commentary:
Swayed
by anger and obstinacy sometimes an individual swears an oath that he will not
do anything which would benefit a certain person. In ancient times, a variety of
such oaths was very common among the Arabs. They swore oaths that they would
refrain from such and such a good deed, so that when they were called upon to
join in some good act, they would decline, saying that they had already taken an
oath not to do good works. To refrain from good acts is in itself bad enough,
but swearing to this in the name of God is much worse. For God is a Being who is
All-Merciful and All-Good. Then attaching the name of God to the non-performance
of good works is sinful. Perversion at all events is bad. But if perverse acts
are done in the name of God, there is a manifold increase in the evil
perpetuated.
There
are certain people who keep swearing oaths inadvertently, out of sheer habit.
This is quite wrong. A believer must refrain from during so. However, between
husband and wife, such thoughtless oaths have been held legally invalid, due to
the delicacy of the marital relationship. But the case of solemn, intentional
oaths is different. If a man intentionally swears by Allah that he will not go
to his wife, this is taken seriously and then Islamic law will take its course.
In the family system, both the man and the woman have duties as well as rights.
Each of them must, as well as demanding his or her rights, honour the rights of
others. That is, if we want others to fulfill their obligations to us, we must
also fulfill obligation to them. If one misuses his power and advantageous
position to do justice to others then he cannot save himself from God’s
chastisement.