This axis brings together 2 instances of the use of this verse in the books of Muhammad Shahrur, linking it to the concepts and arguments that appear around it.
Text of the verse as cited
Divorce is twice; then either retention in kindness or release with good treatment.
Reader’s Answer
Question
Where does Shahrur cite the verse, how does he distinguish between the marriage contract and the marital covenant, and what function does the verse serve in his argument?
Shahrur cites the verse on p. 226 of «Toward New Foundations of Islamic Jurisprudence» in his discussion of the solemn covenant in marriage. He distinguishes between the marriage contract, in terms of its conditions and procedures, and the marital covenant as a broader framework for shared human and social life; the verse serves to incorporate retention in kindness or release with good treatment within this covenant.
Shahrur presents the marriage contract as comprising contractual elements, such as the dower, the designation of the party authorized to dissolve the contract, and the possibility of including conditions agreed upon by the contracting parties. He distinguishes the marital covenant from the marriage contract by making it encompass human and social aspects of shared life, including retention in kindness or release with good treatment. The function of Al-Baqarah 229 here is to cite it as evidence that the manner of continuing the marital relationship or ending it with good treatment falls within the scope of the marital covenant as Shahrur defines it.
Citation and location
Toward New Foundations of Islamic Jurisprudence — p. 226.
Limits of the reading
- The citation establishes this distinction in the context of Shahrur’s presentation of the marital covenant; it does not establish that the verse alone founds all the details of rulings on divorce or dissolution.
- The citation does not state that “contract” and “covenant” are synonymous, nor does it deny that they are synonymous; what is established is the difference in the scope of what Shahrur includes within each.
- The citation does not specify a detailed juristic ruling regarding who possesses the authority of dissolution or the procedures of divorce.
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Brief reading
It is invoked to link the marital covenant to the rulings of dissolution, retention, and good treatment, rather than to a merely formal marriage contract.
Axes
- Legislative
- Human and ethical
Related concepts
- Divorce: 2
- Wrongdoing: 2
- Marital covenant: 1
- Dissolution: 1
- Retention: 1
- Good treatment: 1
Its place in the network of concepts
It falls within the network of understanding the marital relationship as a covenant and a responsibility.
Role of the verse in the argument
- Support: 2
Instances of use
- Toward New Foundations of Islamic Jurisprudence, p. 226: It is invoked to link the marital covenant to the rulings of dissolution, retention, and good treatment, rather than to a merely formal marriage contract.
- Concept: divorce
- Function of the verse here: support
- Textual citation: “As it also includes … retention in kindness or release with good treatment; { Divorce is twice; then either retention in kindness or release with good treatment } (Al-Baqarah 229)”
- Drying Up the Sources of Terrorism, p. 93: It is cited to establish that wrongdoing includes persistently transgressing God’s limits, which is among the grounds for confronting the wrongdoer.
- Concept: wrongdoing
- Function of the verse here: support
- Textual citation: “And wrongdoing is aggression against God’s limits, as indicated by His—Exalted is He—saying: {And whoever transgresses the limits of God …}”
Related books
This page is presented within the general methodology for building the atlas.