Surah 58. Al-Mujadilah, Ayah 1

According to the classical commentators, this is a reference to the case of Khawlah (or Khuwaylah) bint Tha'labah, whose husband Aws ibn as-Samit divorced her by pronouncing the arbitrary pre-Islamic oath known as zihar (explained in note [3] on 33:4 ). When she pleaded before the Prophet against this divorce - which deprived her of all her marital rights and, at the same time, made it impossible for her to remarry - the iniquitous custom of zihar was abolished by the revelation of verses {2-4} of this surah. - In view of the sequence, as well as of several Traditions to this effect, there is no doubt that the above verse alludes, in the first instance, to the divine condemnation of zihar. However, the deliberately unspecified reference to "her who pleads concerning her husband" seems to point to all cases where a wife has reason to complain against her husband: that is to say, not merely to an appeal against an unjustified or cruel divorce, but also to a wife's demand for release from an unbearable marriage. Such a dissolution of the marriage-tie at the wife's instance - termed khul' - is fully sanctioned by the shari'ah on the basis of 2:229 and a number of extremely well-authenticated Traditions. (For a fuller discussion of this problem, see note [218] on the second paragraph of 2:229 .)

Lit., "does hear the mutual contentions of both of you (tahawurakuma)", i.e., of husband and wife alike, embracing with His infinite wisdom and justice the innermost motivations of both. Alternatively - if the above verse is understood as referring specifically to the case of Khawlah - the second person indicated by the suffix kuma ("both of you") may relate to the Prophet, who, before the revelation of this surah, thought that a divorce through zihar was valid and, therefore, repeatedly told Khawlah, "Thou art now indeed unlawful to him" (Tabari). This opinion was subsequently - almost immediately - reversed by the divine prohibition of zihar expressed in verses {2} ff.

 A companion named Khawlah bint Tha’labah had a disagreement with her husband, Aws ibn Aṣ-Ṣâmit, who then told her that she was as unlawful for him as the ẓahr (back) of his mother. This statement had been considered to be a form of divorce (known as ẓihâr) in Arabia. Khawlah came to the Prophet (ﷺ) to ask for his opinion. He (ﷺ) told her that he had not received any revelation in this regard, and that, based on tradition, she was divorced. She argued that she and her husband had children together who would suffer if their parents were separated. Then she started to plead to Allah as the Prophet (ﷺ) repeated the same answer. Eventually, this Medinian sûrah was revealed in response to her pleas, thereby abolishing this ancient practice.

The immediate occasion was what happened to Khaula bint Thalaba, wife of Aus son of Samit. Though in Islam, he divorced her by an old Pagan custom: the formula was known as Zihar, and consisted of the words "Thou art to me as the back of my mother". This was hold by Pagan custom to imply a divorce and freed the husband from any responsibility for conjugal duties. Such a custom was in any case degrading to a woman. It was particularly hard on Khaula, for she loved her husband and pleaded that she had little children whom she had no resources herself to support. She urged her plea to the Prophet and in prayer to Allah. Her just plea was accepted, and this iniquitous custom, based on false words, was abolished. See also n. 3670 to xxxiii. 4.

For He is a just God, and will not allow human customs or pretences to trample on the just rights of the weakest of His creatures.