This axis brings together 2 instances of the use of this verse in Muhammad Shahrur’s books, linking it to the concepts and arguments that appear around it.
The verse text as cited
{ THEIR HUSBANDS HAVE THE BETTER RIGHT TO TAKE THEM BACK IN THAT }
Brief reading
Shahrur understands it within the framework of the waiting period, not full marriage, and makes the “degree” tied to obligating the woman to remain until childbirth.
Axes
- Legislative
- Linguistic and semantic
Related concepts
- Waiting period: 2
- Man’s degree: 2
Its place in the network of concepts
It is linked to defining the effect of divorce and the limits of taking a wife back during the waiting period.
The verse’s role in the argument
- Distinction: 1
- Foundation: 1
Instances of use
- Toward New Foundations for Islamic Jurisprudence, pp. 248-249: He uses the term to prove that the divorced woman does not remain a wife but becomes a husband, and that taking her back takes place within the framework of the waiting period, not full marriage.
- Concept: Waiting period
- Function of the verse here: Distinction
- Textual evidence: «He said: { THEIR HUSBANDS HAVE THE BETTER RIGHT TO TAKE THEM BACK }, because if he had said “their wives,” that would have contradicted his قوله { AND THE DIVORCED WOMEN }»
- Toward New Foundations for Islamic Jurisprudence, p. 259: He restricts the verse’s meaning to the case of the woman who desires divorce, making the “degree” here related to obligating her to remain until childbirth.
- Concept: Man’s degree
- Function of the verse here: Foundation
- Textual evidence: «His husband has the right to insist that she remain until childbirth at least: ﴿AND MEN HAVE A DEGREE OVER THEM …﴾, in this case only. »
Related books
This page is presented within the general method of building the atlas.