This verse appears in Shahrur’s work in the context of divorce as a direct procedure tied to the marital state and the manifest indecency. For this reason, it is repeated in passages where he distinguishes between the rulings of divorce and bodily punishment or general legislation.
Text of the verse as cited
لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ
Brief reading
Shahrur reads it as executive instructions related to divorce procedures, to the woman’s remaining in her home, and to the limits of expulsion when the indecency is established. He also uses it to distinguish divorce from punishment, and to connect it with the waiting period when the divorce is initiated by the man.
Axes
- Legislative
- Human and ethical
- Political and social
Related concepts
- Divorce: 3
- Manifest indecency: 2
- Women: 2
- Waiting period: 2
Its place in the network of concepts
It is linked to the network of family legislation, and to separating civil procedures from corporal punishment. It also enters into the discussion of women, the waiting period, and manifest indecency within a single structure.
The verse’s role in the argument
- Distinction: 2
- Support: 1
- Context: 1
- Foundation: 1
Summary of its presence in the atlas
- Direct instructions in divorce
- Distinct from bodily punishment
- Connected to the waiting period and to manifest indecency
Places of use
- Islam and Faith, p. 55: He interprets it as the penalty for immediate divorce and expulsion from the house when indecency is established for a married woman, not as a corporal ḥadd punishment.
- Concept: manifest indecency
- Function of the verse here: support
- Textual evidence: «{… لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ… إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ…} (الطلاق ١).»
- The Book and the Qur’an, p. 503: He cites it among the passages he considers indicative of the meaning of wives/females according to context.
- Concept: women
- Function of the verse here: distinction
- Textual evidence: «وقوله {.. إِذَا طَلَّقْتُمُ النِّسَاءَ ..} (الطلاق ١)»
- Toward New Foundations for Islamic Jurisprudence, p. 140: He makes the divorce verse an example of direct executive instructions that do not require additional legislation or a court.
- Concept: divorce
- Function of the verse here: context
- Textual evidence: «For the command that the woman not leave her house … is a command that does not need a law, but rather executive instructions that are applied automatically»
- Toward New Foundations for Islamic Jurisprudence, p. 234: He uses the verse to argue that clear proofs are sufficient to effect divorce and deprive rights, whereas bodily punishment occurs only with witnesses and public manifestation.
- Concept: divorce
- Function of the verse here: distinction
- Textual evidence: «Clear proofs are for divorce along with the loss of rights, whereas punishment is restricted exclusively to the case of witnesses only (public manifestation).»
- Toward New Foundations for Islamic Jurisprudence, pp. 254-255: He cites it to argue that a man’s divorce has procedures and a waiting period, and that the wife remains in her home and is not to be expelled except when there is proof of indecency.
- Concept: waiting period
- Function of the verse here: foundation
- Textual evidence: «If it is the man who wishes to divorce, and the woman does not want that, we return to His – تعالى – saying: { يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ … }»
Related books
This page is presented within the general method of constructing the atlas.