الآية رقم (236) - لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاء مَا لَمْ تَمَسُّوهُنُّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

(236) - (There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.)

The verse is about divorce between a man and a woman after the contract is concluded and before having a sexual intercourse.

( لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ ِ..) (There is no blame upon you if you divorce women…): We mentioned earlier that there is a difference between (if) and (when). For example:

{ إِذَا جَاءَ نَصْرُ اللَّهِ وَالْفَتْحُ }

(When the victory of Allah has come and the conquest.)  (An-Nasr: 1)

Meaning that it is either over or yet to happen. However, saying (if the victory of Allah has come) means that there is a possibility for defeat, a possibility to have victory or not to have it. On the other hand, Allah (swt) says:

 {يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا أَن تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَىٰ مَا فَعَلْتُمْ نَادِمِينَ }

(O you who have believed, if there comes to you a disobedient one with information, investigate, lest you harm a people out of ignorance and become, over what you have done, regretful.)  (Al-Hujurat: 6)

Had the verse read (O you who have believed, if there comes to you a disobedient one with information,) it would have meant that a disobedient will come to you with information, whereas that won’t happen necessarily.

( لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ ِ..) (There is no blame upon you if you divorce women…): Divorce here isn’t inevitable.

( مَا لَمْ تَمَسُّوهُنَّ  ) (..you have not touched….): There is no sexual intercourse between the man and the woman.

(أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً ) (..nor specified for them an obligation….): There is no dowry agreed upon in this case. Anyhow, the following verse complements the meaning as well:

{ وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ }

(And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified-.)  (Al-Baqara: 237)

So, the woman gets half the dowry agreed upon, if any, when there is no sexual intercourse between the man and the woman. The verses of Qur’an are meant to preserve the rights of women. There might be no dowry agreed upon at the time of marriage. Some people, on the other hand agree on a Pound as an advance dowry and a Pound as a delayed dowry. What would be the rule when there is no dowry agreed upon and divorce takes place after the contract is concluded but before the sexual intercourse between the man and the woman? Is it half the dowry? No, since no dowry is agreed upon in this case. The rule is stated in the verse:

( عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ..  ) (..the wealthy according to his capability and the poor according to his capability – a provision according to what is acceptable, a duty upon the doers of good…): Everything comes in good and acceptable manner. There is no harm when a wealthy man, in this case, gifts an amount, not considered as a dowry, to her. The element of good-doing should be considered in such cases. Moreover, whatever is stated in the verse is about good-doing and giving. So, what would be the impediment for a wealthy man not to give? (There is no blame upon you) means that it’s not obligatory since what’s obligated is half of the dowry.