وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ (227)
(2:227) And if they resolve on divorce, *247 (let them remember that Allah hears everything and knows everything.
*247). According to 'Uthman, Ibn Mas'ud, Zayd ibn Thabit and others the limit for the restoration of matrimonial relations is four months. The mere termination of that period proves that the husband has decided to repudiate the marriage and so divorce automatically ensues. It will be reckoned as an irrevocable (ba'in) repudiation. This means that separation between the spouses will come into force and the husband will not have the right to revoke it during the period of waiting ('iddah). The two parties will, however, have the right to recontract marriage by mutual consent. Statements from 'Umar, 'Ali, Ibn 'Abbas, and also a statement from Ibn 'Umar, have been reported in support of this doctrine and have been accepted by the Hanafi jurists as the basis of their doctrine.
Sa'id ibn al-Musayyib, Makhul, Zuhri,. and some other early jurists agree with this doctrine to the extent that divorce comes into force after four months. But they consider that the husband may revoke it during the period of waiting; and even after the lapse of that period the spouses may recontract marriage by mutual consent.
However, 'A'ishah, Abu al-Darda' and the majority of the jurists of Madina are opposed to this opinion and hold that after four months the matter should be placed before the court when the judge will order the husband either to resume matrimonial relations with his wife or divorce her. Statements from 'Umar and 'Ali as well as a statement from Ibn 'Umar have come down in support of this doctrine. This opinion has been accepted by Malik and Shafi'i. (See Jassas, vol. 1, pp. 359 f. - Ed.)
*248). That is, if a man has abandoned his wife on unreasonable grounds, he should not feel secure from the wrath of God for He is not unaware of the excesses that he may have committed.