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Offline Reader Questions

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As salamu 'alikum wr wb,

I hope you are in good health and in good faith.

Brother based upon a linguistic and grammatical analysis of the following verse:

"Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him." (Holy Qur'an 65:2)

that two witnesses would not only be required for the divorce to finalize, but that two witnesses would be needed as a condition for marriage, since it does say "take them back in kindness or part from them in kindness" ?

Or is that to be understood as "this is your last chance, because once you make the pronouncement in front of the two witnesses" you are officially divorced?

Offline Joseph Islam

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Re: Witnesses for Divorce and Marriage within the Remit of Verse 65:2
« Reply #1 on: April 08, 2013, 11:08:31 PM »
May peace be with you.

Yes indeed, I feel there is a strong implication from the verse that this would also warrant at least two witnesses for the condition of marriage.

As I have shared in my article dealing with ‘Nikaah’ [1]

“(1) Given that simple contracts require at least two witnesses (2:282) and that a divorce cannot be completed or revoked without at least two witnesses (65:2),  there can be no argument for the need of independent witnesses to authenticate a covenant of marriage. Therefore arguably, a Nikaah must be enacted in front of other witnesses to ensure its legitimacy.”

However, I do feel that your second statement is not necessarily mutually exclusive from the first. i.e. both are true from the verse’s perspective.

The verse also intimates that once a pronouncement is made in front of witnesses to separate after the ‘iddat’ period is complete, the divorce is official. I have shared an illustration in reference [2] below.

I hope that helps, God willing.
Joseph.


REFERENCES:

[1] NIKAAH - THE CONTRACT OF MARRIAGE
http://quransmessage.com/articles/nikaah%20FM3.htm
[2] ISLAMIC DIVORCE ACCORDING TO THE QURAN
http://quransmessage.com/articles/divorce%20FM3.htm


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