228 “Divorced women shall wait by themselves for three cycles. It is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. Their husbands have the greater right to take them back during that period, if they desire reconciliation. Women have rights similar to the obligations upon them, according to what is fair, though men have a degree over them. Allah is Almighty, All-Wise.”

That is, women whose husbands have divorced them “shall wait by themselves,” meaning that they must wait and observe a waiting period of “three cycles.” This means either three menstrual periods or three intervals of purity, according to the scholars’ differing views as to what is intended. The correct view, however, is that a cycle here means a menstrual period.

This waiting period serves several wise purposes. One is to establish that the womb is free of pregnancy: once three menstrual periods have passed, it is known that she is not pregnant, thus preventing confusion of lineages. For this reason, Allah Most High required them to disclose “what Allah has created in their wombs” and forbade them from concealing either pregnancy or menstruation, since doing so leads to many evils.

Concealing a pregnancy may cause her to attribute the child to someone other than his true father, out of desire for that other man and haste to bring the waiting period to an end. When she attributes the child to someone other than his father, his true ties of kinship and inheritance are severed, and the women among his close relatives who are unmarriageable to him, as well as his other relatives, veil themselves from him. He might even marry one of his unmarriageable relatives. Meanwhile, he is affiliated with someone other than his father, together with all the resulting consequences, including mutual inheritance and treating the relatives of the man to whom he was attributed as his own. This entails such evil and corruption as none knows but the Lord of all people. Even if its only consequence were that she lived as a wife with a man whose marriage to her was invalid, thereby persisting in the grave major sin of fornication, that alone would suffice as an evil.

As for concealing menstruation, if she falsely claims that it has occurred sooner than it has, this terminates the husband’s right to take her back and renders her lawful to another man, together with all the evils resulting from that, as already mentioned. If, conversely, she lies by claiming that menstruation has not occurred in order to prolong the waiting period, she receives maintenance from him that he is not obligated to provide. It is unlawful, ill-gotten gain for her on two grounds: she is not entitled to it, and she falsely claims that Islamic law entitles her to it. Her husband might also take her back after the waiting period has actually expired, in which case their relations would be illicit because she is no longer lawful to him. For this reason, Allah Most High says, “It is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day.”

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Their concealment of this would therefore be evidence that they do not believe in Allah and the Last Day. Had they believed in Allah and the Last Day and known that they would be recompensed for their deeds, nothing of the kind would have proceeded from them.

This also proves that a woman’s statement is accepted concerning matters about herself of which no one else can have knowledge, such as menstruation, pregnancy, and the like (1).

Allah Most High then says, “Their husbands have the greater right to take them back during that period.” That is, so long as the women remain in that waiting period, their husbands may take them back into wedlock “if they desire reconciliation,” meaning genuine desire, harmony, and affection.

The verse implies that if they do not desire reconciliation, they have no greater right to take them back. It is therefore not lawful for them to revoke the divorce with the intention of harming the woman and prolonging her waiting period. Would such a revocation nevertheless be legally valid when undertaken with this intention? There are two opinions.

The majority hold that it is valid, though prohibited. The correct view, however, is that if he does not desire reconciliation, he has no right to do so, as is apparent from the noble verse. This is another wise purpose of the waiting period: the husband may regret separating from her, so he is granted this time to deliberate and decide the matter conclusively.

This demonstrates Allah Most High’s love of harmony between spouses and His dislike of separation, as the Prophet—may Allah bless him and grant him peace—said, “Of all lawful things, the most hateful to Allah is divorce.” This applies specifically to revocable divorce. In an irrevocable divorce, the husband has no greater right to take her back. Rather, if they mutually agree to reunite, a new marriage contract fulfilling all its conditions is required.

Allah Most High then says, “Women have rights similar to the obligations upon them, according to what is fair.” That is, women have rights and duties owed to them by their husbands comparable to the rights and duties they owe their husbands, whether obligatory or recommended.

The standard governing the rights between spouses is prevailing custom: what is customary for a woman of her standing and a man of his standing in that place and time. This varies according to times, places, circumstances, individuals, and customs.

This proves that maintenance, clothing, companionship, housing, and sexual relations are all governed by prevailing standards of fairness and custom. This is what an unqualified marriage contract entails.

Where an express condition has been stipulated, however, they are bound by their condition, unless it declares lawful what is forbidden or forbids what is lawful.

“Though men have a degree over them,” meaning a degree of rank and leadership and an additional right over them. Allah Most High likewise says, “Men are caretakers of women because Allah has given some of them an advantage over others and because they spend from their wealth.”

The offices of prophethood, judgeship, leadership at both the lesser and supreme levels, and all other positions of governance are exclusive to men. A man also receives twice a woman’s share in many matters, such as inheritance and the like.

“Allah is Almighty, All-Wise.” That is, His is overwhelming might and supreme authority, before which all things submit; yet, along with His might, He is wise in all that He ordains.

Excluded from the general scope of this verse are pregnant women, whose waiting period lasts until delivery; women whose marriages have not been consummated, who have no waiting period; and enslaved women, whose waiting period is two menstrual periods, as held by the Companions—may Allah be pleased with them. The context of the verses (2) indicates that free women are intended here.