Tafheem ul Quran Surah 4. An-Nisa

Introduction to Surah 4. An-Nisa
Period of Revelation

This Surah comprises several discourses which were revealed on different occasions during the period ranging probably between the end of A. H. 3 and the end of A. H. 4 or the beginning of A. H. 5. Although it is difficult to determine the exact dates of their revelations, yet it is possible to assign to them a fairly correct period with the help of the Commandments and the events mentioned therein and the Traditions concerning them. A few instances are given below by way of illustration :

1. We know that the instructions about the division of inheritance of the martyrs and for the safeguard of the rights of the orphans were sent down after the Battle of Uhd in which 70 Muslims were killed. Then naturally the question of the division of the inheritance of the martyrs and the safeguard of the rights of their orphans arose in many families at Al-Madinah. From this we conclude that vv. 1 -28 were revealed on that occasion.

2. We learn from the Traditions that the Commandment about salat during war time was given on the occasion of Zat-ur-Riqa'a, an expedition which took place in A. H. 4. From this we conclude that the discourse containing v. 102 was revealed on that occasion.

3. The last warning (v. 47) to the Jews was given before the Banu Nadir were exiled from Al-Madinah in Rabi'-ulAwwal, A. H. 4. From this it may safely be concluded that the discourse containing v. 47 must have been revealed some time before that date.

4. The permission about tayammum (the performance of ablutions with pure dust, in case no water be available) was given during the Bani-al-Mustaliq expedition, which took place in A. H. 5.. Therefore the probable period of the revelation of the discourse containing v. 43 was A. H. 5.

Topics and Their Background

Let us now consider the social and historical considerations of the period in order to understand the Surah. All the discourses in this Surah deal with three main problems which confronted the Holy Prophet at the time. First of all, he was engaged in bringing about an all round development of the Islamic Community that had been formed at the time of his migration to Al-Madinah. For this purpose he was introducing new moral, cultural, social, economic and political ways in place of the old ones of the pre-Islamic period. The second thing that occupied his attention and efforts was the bitter struggle that was going on with the mushrik Arabs, the Jewish clans and the hypocrites who were opposing tooth and nail his mission of reform. Above all he had to propagate Islam in the face of the bitter opposition of these powers of evil with a view to capturing more and more minds and hearts.

Accordingly, detailed instructions have been given for the consolidation and strengthening of the Islamic Community in continuation of those given in Al-Baqarah. Principles for the smooth running of family life have been laid down and ways of settling family disputes have been taught. Rules have been prescribed for marriage and rights of wife and husband have been apportioned fairly and equitably. The status of women in the society has been determined and the declaration of the rights of orphans has been made laws and regulations have been laid down for the division of inheritance, and instructions have been given to reform economic affairs. The foundation of the penal code has been laid down drinking has been prohibited, and instructions have been given for cleanliness and purity. The Muslims have been taught the kind of relations good men should have with their Allah and fellow men. Instructions have been given for the maintenance of discipline in the Muslim Community.

The moral and religious condition of the people of the Book has been reviewed to teach lessons to the Muslims and to forewarn them to refrain from following in their footsteps. The conduct of the hypocrites has been criticized and the distinctive features of hypocrisy and true faith have been clearly marked off to enable the Muslims to distinguish between the two.

In order to cope with the aftermath of the Battle of Uhd, Inspiring discourses were sent down to urge the Muslims to face the enemy bravely, for the defeat in the Battle had so emboldened the mushrik Arab clans and the neighboring Jews and the hypocrites at home that they were threatening the Muslims on all sides. At this critical juncture, Allah filled the Muslims with courage and gave them such instructions as were needed during that period of war clouds. In order to counteract the fearful rumors that were being spread by the hypocrites and the Muslims of weak faith, they were asked to make a thorough enquiry into them and to inform the responsible people about them. Then they were experiencing some difficulties in offering their salat during the expeditions to some places where no water was available for performing their ablutions, etc. In such cases they were allowed to cleanse themselves with pure earth and to shorten the salat or to offer the "Salat of Fear", when they were faced with danger. Instructions were also given for the solution of the puzzling problem of those Muslims who were scattered among the unbelieving Arab clans and were often involved in war. They were asked to migrate to Al-Madinah, the abode of Islam.

This Surah also deals with the case of Bani Nadir who were showing a hostile and menacing attitude, in spite of the peace treaties they had made with the Muslims. They were openly siding with the enemies of Islam and hatching plots against the Holy Prophet and the Muslim Community even at AI-Madinah itself. They were taken to task for their inimical behavior and given a final warning to change their attitude, and were at last exiled from Al-Madinah on account of their misconduct.

The problem of the hypocrites, who had become very troublesome at that time, was involving the Believers in difficulties-- Therefore they were divided into different categories to enable the Muslims to deal with them appropriately.

Clear instructions were also given regarding the attitude they should adopt towards the non-belligerent clans. The most important thing needed at that time was to prepare the Muslims for the bitter struggle with the opponents of Islam. For this purpose greatest importance was attached to their character building, for it was obvious that the small Muslim Community could only come out successful, nay, survive, if the Muslims possessed high moral character. They were, therefore, enjoined to adopt the highest moral qualities and were severely criticized whenever any moral weakness was detected in them.

Though this Surah mainly deals with the moral and social reforms, yet due attention has been paid to propagation of Islam. On the one hand, the superiority of the Islamic morality and culture has been established over that of the Jews, Christians and mushriks; on the other hand, their wrong religious conceptions, their wrong morality and their evil acts have been criticized to prepare the ground for inviting them to the way of the Truth.
Subject: Consolidation of the Islamic Community

The main object of this Surah is to teach the Muslims the ways that unite a people and make them firm and strong. Introductions for the stability of family, which is the nucleus of community have been given. Then they have been urged to prepare themselves for defence. Side by side with these, they have been taught the importance of the propagation of Islam. Above all, the importance of the highest moral character in the scheme of consolidation of the Community has been impressed.
Topics and their Interconnection

Just, fair and equitable laws and regulations for the smooth running of family life have been laid down for the husband and wife. Detailed instructions have been given for the division of inheritance and due regard has been paid to the rights of orphans. 1 - 35

In order to inculcate the right spirit for the observance of rules and regulations, the Muslims have been enjoined to show generosity to all around them and to be free from meanness, selfishness, stinginess of mind, because this is essential for the consolidation of the Communities and helpful for the propagation of Islam. 36 - 42

The ways of the purification of mind and body for the offering of Salat have been taught because it plays the most important part in every scheme of moral and social reform. 43

After moral preparation, instructions for defence have been given. First of all, the Muslims have been warned to be on their guard against the cunning machinations and vile practices of the local Jews who were hostile to the New Movement. This caution was necessary for removing some possible misunderstanding that might have arisen on account of the pre-Islamic alliance between the people of Al-Madinah and the Jews. 44 - 57

Then they have been enjoined to place their trusts and offices of trust in the custody of honest and qualified persons, and to do what is just and right, and to obey Allah and His Messenger and those among themselves entrusted with the conduct of their affairs and to turn to Allah and His Messenger for the settlement of their disputes. As such an attitude and behaviour alone can ensure consolidation, they have been strongly warned that any deviation from this path will lead to their disintegration. 58 - 72

After this pre-requisite, they have been exhorted to make preparation for defence and to fight bravely for the cause of Islam, without showing any kind of cowardice or weakness. They have also been warned to be on their guard against hypocrites. A line of demarcation has been drawn to distinguish the intentional shirkers from the helpless devotees. 73 - 100

Here again instructions have been given for the offering of Salat during military campaigns and actual fighting. This is to impress the importance of Salat even at the time of fear and danger. 101 - 103

Before proceeding on to the next topic, the Muslims have been exhorted to persevere in their fight without showing any kind of weakness. 104

In order to make the Islamic Community firm and strong for defence, the Muslims have been enjoined to observe the highest standard of justice. The Muslims are required to deal out strict justice even in case of the enemy, with whom they might be involved in war. They should also settle disputes between husband and wife with justice. In order to ensure this, they should keep their beliefs and deeds absolutely free from every kind of impurity and should become the standard bearers of justice. 105 - 135

Resuming the theme of defence, the Muslims have been warned to be on their guard against their enemies. They have been admonished to take necessary precautions against the machinations of the hypocrites and the unbelievers and the people of the Book. As belief in Allah, and Revelation and Life-after-death is the only safeguard against every kind of enemy, they should sincerely believe in and follow His Messenger, Muhammad (Allah's peace be upon him). 136 - 175

Though this verse also deals with the family laws contained in verses 1 - 35, it has been added as a supplement at the end of this Surah because it was revealed long after An-Nisa was being recited as a complete Surah. 176

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا



(4:1)

O men! Fear your Lord Who created you from a single being and out of it created its mate; and out of the two spread many men and women. *1 Fear Allah in Whose name you plead for rights, and heed the ties of kinship. Surely, Allah is ever watchful over you.



::::::::::::::::::::::::::::::::::::::meaning:::::::::::::::::::::::


*1.

What are the mutual rights of human beings,
what are the principles on which a sound and stable family life can be established, are questions that are discussed a little further on in this surah. As an appropriate introduction to the subject, the surah opens by exhorting the believers to fear God and to avoid courting His displeasure, and by urging them to recognize that all human beings have sprung from the same root and that all of them are, therefore, of one another's flesh and blood.

The expression 'Who created you from a single being (nafs)' indicates that the creation of the human species began with the creation of one individual.

At another place, the Qur'an specifies that the one person from whom the human race spread in the world was Adam.

(For Adam being the progenitor of mankind see Towards Understanding the Qur'an, Surah 2, verses 31 f. and Surah al-A'raf: 11, etc. - Ed.)

verse 2 an-nisa

(4:2)

Give orphans their property, *2 and do not exchange the bad for the good, *3 and do not eat up their property by mixing it with your own. This surely is a mighty sin.

::::::::::::meaning ::::::::::

*2. God directs the guardians of the orphans to spend out of the latter's property while they are still minors, and to restore it to them when they attain majority.

*3. The order not to exchange the bad for the good has several meanings. On the one hand,
it means that one should not replace honest by dishonest living.
At the same time, it also means that~~~
~~~ one should not exchange one's own property which is of little value for the more valuable property of the orphans.

3)

If you fear that you might not treat the orphans justly, then marry the women that seem good to you: two, or three, or four. *4 If you fear that you will not be able to treat them justly, then marry (only) one, *5 or marry from among those whom your right hands possess. *6 This will make it more likely that you will avoid injustice.


:::::::::::::meaning:::::::::::


*4.
Commentators have explained this in the following ways:

(i) There is the view of 'A'ishah who says that men tended to marry orphan girls who were under their guardianship out of consideration for either their property, beauty or because they thought they would be able to treat them according to their whims, as they had no one to protect them.

After marriage such men sometimes committed excesses against these girls. It is in this context that the Muslims are told that if they fear they will not be able to do justice to the orphan girls, then they should marry other girls whom they like. (This interpretation seems to be supported by verse 127 of this surah.)

(ii) The second view is that of Ibn 'Abbas and his disciple 'Ikrimah who expressed the opinion that in the Jahiliyah period there was no limit on the number of wives a man could take.
The result was that a man sometimes married as many as ten women and, when expenses increased because of a large family, he encroached on the rights either of his orphan nephews or other relatives. It was in this context that God fixed the limit of four wives and instructed the Muslims that they may marry up to four wives providing they possessed the capacity to treat them equitably.

(iii) Sa'id b. Jubayr, Qatadah and some other commentators say that while the Arabs of the Jahiliyah period did not approve of subjecting orphans to wrong, they had no concept of justice and equity with regard to women. They married as many women as they wanted and then subjected them to injustice and oppression. It is in this context that people are told that if they fear perpetrating wrongs on orphans they ought to be equally worried about perpetrating them on women.

In the first place they should never marry more than four, and of those four, they should marry only as many as they can treat fairly.

Each of the three interpretations is plausible and all three may possibly be correct. Moreover, the verse could also mean that if a person does not find himself able to treat orphans in a fair manner, then he might as well marry the women who are looking after those orphans.



*5.

Muslim jurists are agreed that according to this verse the maximum number Of wives has been fixed at four. This conclusion is also supported by traditions. It is reported that when Ghaylan, the chief of Ta'if, embraced Islam he had nine wives. The Prophet (peace be on him) ordered him to keep only four wives and divorce the rest. Another person,
Nawfal b. Mu'awiyah, had five wives.

The Prophet (peace be on him) ordered him to divorce one of them. (For the relevant traditions see the comments of Ibn Kathir and Qurtubi on this verse - Ed.)

This verse stipulates that marrying more wives than one is permissible on the condition that one treats his wives equitably.

A person who avails himself of this permission granted by God to have a plurality of wives, and disregards the condition laid down by God to treat them equitably has not acted in good faith with God.

In case there are complaints from wives that they are not being treated equitably, the Islamic state has the right to intervene and redress such grievances.



Some people who have been overwhelmed and overawed by the by the Christians of the west They say that the Quran is also against polygamy but it did not ablish it directly because it did not consider it expedient at the time for the custom had not beome very common. Instead of this, it allows polyamy provided that justice is done to all th wives.
As this condition is most difficult to fulfill, the recommendation is towards monogamy. Obviously, this way of thinking is the result of mental slavery, becasue polygamy in itself in not an evil for in some cases it becomes a real cultural and moral necessity.
There are some people,who,even if they wished, cannot remain content with one wife. Polygamy comes to their rescue and saves them and the society in general from the harms of unlicensed sexual indulgences.
That is Why the Quran allows polygamy to such people with the explicit condition of doing justice to all the wives.

As regards those who consider polgamy to be an evil, they are free to oppose the Quran and condemn polygamy, but they have no right to ascribe their own perverted views to the Quran, for it makes this lawful in vry clear language without employing any words that might be stretched in any way to imply that the Quran means to abolish it.
(for further explanation please consult my(Maududi) book Suunat Ki a'ini haithiyyat pp.307-316


*6.

This expression denotes 'slave-girls', i.e. female captives of war who are distributed by the state among individuals.

The purpose of this verse is to tell men that if their financial circumstances do not permit them to support a free woman as their wife then they may marry a slave-girl (see verse 25 below); if they consider it necessary to have more than one wife and it would be difficult for them to treat their free wives equitably they may resort to slave-girls, for here the burden of obligations is lighter by comparison.

(For further injunctions regarding slave-girls seen. 44 below.)

:4)
Give women their bridal-due in good cheer (considering it a duty); but if they willingly remit any part of it, consume it with good pleasure. *7



meaning

*7.

Inn the opinion of 'Umar and Shurayh, if a woman gives up either the whole or a part of the bridal-due (mahr) in favour of her husband and later reclaims it from him then he is bound to pay it.

The claim on the woman's part would be tantamount to her unwillingness to remit either the whole or a part of the bridal-due.

For further details see the section entitled 'Mahr' in my book Huquq al-Zawjayn, 16th edition, Lahore, 1976, pp. 31-3 and 119-23.

5)

Do not entrust your properties - which Allah hasmade a means of support for you - to the weak of understanding, but maintain and clothe them out of it, and say to them a kind word of admonition. *8


meaning


*8.

This verse covers a very wide spectrum of meaning. It emphasizes to the community of believers that wealth is one of the main supports of human life. It should not be left, therefore, at the mercy of those who are incompetent to handle it properly.
By misusing wealth such people might destroy the bases of social and economic life and wreck the moral foundations of human society.

The right to private property is not so absolute; if a person is incapable of exercising this right properly and if he might cause grave social harm by wanton expenditure then his right may be forfeited.

The necessities of such a person's life should always be provided for. But so far as the exercise of his proprietary rights is concerned, due restrictions should be placed on it in order that the owner is restrained from spending his resources in brazen disregard of the dictates of morality, collective welfare and economic interests of the community.

According to the directive embodied in the verse, anyone who entrusts his property to someone else's care should satisfy himself that the latter is capable of making good use of it.

At a higher level, it is incumbent upon an Islamic state to take over the management of the properties of those who either lack totally the capacity for good management or cause social damage by misuse. In such cases the state is responsible for providing these people with their livelihood.

:6)

Test the orphans until they reach the age of marriage, *9 and then if you find them mature of mind hand over to them their property, *10 and do not eat it up by either spending extravagantly or in haste, fearing that they would grow up (and claim it). If the guardian of the orphan is rich let him abstain entirely (from his ward's property); and if he is poor, let him partake of it in a fair measure. *11 When you hand over their property to them let there be witnesses on their behalf. Allah is sufficient to take account (of your deeds).

meaning

*9. When such people approach their majority their mental development should be watched so as to determine to what extent they have become capable of managing their own affairs.



*10.

Two conditions have been laid down for handing over the charge of their properties to such people.

The first of these is the attainment of puberty,

and the second is that of mental maturity -
i.e. the capacity to manage their affairs in a sound and appropriate manner.


There is full agreement among Muslim jurists with regard to the first condition. As for the second condition, Abu Hanifah is of the opinion that if an orphan does not attain mental maturity after he has attained puberty, the guardian of the orphan should wait for a maximum of seven years after which he should hand over the property to its owner regardless of whether he has attained maturity or not.

According to Abu Yusuf, Muhammad b. al-Hasan and Shafi'i, maturity is an indispensable pre-condition for the handing over of property. If one were to apply the doctrine of the latter jurists it would probably be more appropriate to refer particular cases to a judge under Islamic law. If the judge is convinced that the person concerned lacks maturity he should make adequate arrangements for the supervision of that person's financial affairs. (For a more complete study of the subject see Jassas, vol. 2, pp. 59 ff.; Ibn Rushd, Biddyat al-Mujtahid, 2 vols., Cairo, Al-Maktabahal-Tijariyahal-Kubra, n.d., vol. 2, pp. 275ff.-Ed.)



*11.

The guardian is entitled to remuneration for his service. The amount of this remuneration should be such as is deemed to be fair by neutral and reasonable people. Moreover, the guardian is instructed that he should take a fixed and known amount by way of remuneration, that he should take it openly rather than secretly, and that he should keep an account of it.

7)

Just as there is a share for men in what their parents and kinsfolk leave behind, so there is a share for women in what their parents and kinsfolk leave behind - be it little or much *12 - a share ordained (by Allah).



meaning


*12.

This verse embodies five legal injunctions.

First, that women as well as men are entitled to inheritance.

Second, that inheritance, however meagre it might be, should be distributed; even if the deceased has left a small piece of cloth and he has ten heirs, that piece of cloth should be distributed among them all. This does not exclude, however, the permissibility of one heir purchasing the shares of other heirs with their consent.

Third, this verse indicates that the law of inheritance is applicable to all kinds of property - movable and immovable, agricultural, industrial and so on.

Fourth, it shows that the right of inheritance comes into force as soon as a person dies leaving property.

Fifth, it implies the rule that immediate blood-relatives exclude those that are further removed.

8)


If other near of kin orphans and needy are pre sent at the time of division of inheritance give them some thing of it and speak to them kindly. *13


meaning


*13.

This directive is addressed to the heirs of the deceased. They are told not to be niggardly towards their relatives whether they be close or distant. Nor should they be niggardly towards either poor and needy members of the family or towards orphans who are present when the inheritance is distributed.
Although they are not legally entitled to any share it is seemly for people to act magnanimously and give them something out of their inheritance, and especially to desist from making hurtful remarks.

:9-10)

And let them fear, those who, if they would themselves leave behind helpless offspring, they would surely have been fearful on their account. Let them, then, fear Allah and make the right statement.10) Behold, those who wrongfully devour the properties of orphans only fill their bellies with fire. Soon they will burn in the Blazing Flame. *14




meaning


*14.

It is reported in a tradition that after the Battle of Uhud the wife of Sa'd b. Rabi' brought her two daughters to the Prophet (peace be on him) and said: 'O Messenger of God!

These are daughters of Sa'd who was with you in the Battle of Uhud, where he was martyred. The girls' uncles have seized the whole property and left nothing for them. Who will now marry these girls?'

It was after this incident that these verses were revealed.

(See Muhammad 'Ali al-Sabuni's comments on this verse in his Safwat al-Tafasir and the sources quoted therein - Ed.)

(4:11)

Allah thus commands you concerning your children: the share of the male is like that of two females. *15 If (the heirs of the deceased are) more than two daughters, they shall have two-thirds of the inheritance; *16 and if there is only one daughter, then she shall have half the inheritance. If the deceased has any offspring, each of his parents shall have a sixth of the inheritance; *17 and if the deceased has no child and his parents alone inherit him, then one-third shall go to his mother; *18 and if the deceased has brothers and sisters, then one-sixth shall go to his mother. *19 All these shares are to be given after payment of the bequest he might have made or any debts outstanding against him. *20You do not know which of them, your parents or your children, are more beneficial to you. But these portions have been determined by Allah, for He indeed knows all, is cognizant of all beneficent considerations. *21


meaning

*15.

This is the first general rule in connection with inheritance, viz., that the share of the male should be double that of the female.

Since Islamic law imposes greater financial obligations on men in respect of family life and relieves women of a number of such obligations, justice demands that a woman's share in inheritance should be less than that of a man.


*16.
The same applies in the case where there are two daughters.

If the deceased leaves only daughters,
and if there are two or more daughters then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs.

But if the deceased has only one son there is a consensus among jurists that in the absence of other heirs he is entitled to all the property and if the deceased has other heirs, he is entitled to the property left after their shares have been distributed.


*17.

If the deceased leaves issue each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons, of both sons and daughters, of just one son or just one daughter.
The remaining two-thirds will be distributed among the rest of the heirs.



*18.

If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise the two-thirds will be distributed between the father and other heirs.



*19.

In the case where the deceased also has brothers and sisters the share of the mother will be one-sixth rather than one-third.

In this case the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father's obligations are heavier.

It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance.



*20.

The mention of bequest precedes the mention of debt, for although not everyone need be encumbered with debt it is necessary that everyone should make a bequest. (However, other Mufassirun (exegetes) regard making a bequest as a discretionary act - Ed.)

As for legalities, there is consensus among Muslims that the payment of debts takes precedence over the payment of bequests, i.e. if the deceased owes a debt and also leaves a bequest, the debt will first be paid out of the inheritance, and only then will his bequest be fulfilled.


We have already stated in connection with bequest (see Towards Understanding the Qur'an, vol. I, Surah 2, n. 182) that a man has the right to bequeath up to a maximum of one-third of his inheritance.

The principle laid down in regard to bequest is that a man can leave a portion of his inheritance either to a relative who is not legally entitled to any prescribed share in the inheritance or to others whom he considers deserving of help,~~~
~~~ e.g. either an orphaned grandson or grand-daughter,
the widow of a son in financial distress,
any brother,
sister,
brother's wife,
nephew, and other relatives who seem to be in need of support.

If there are no such relatives bequests can be made either to other needy people or for charitable purposes. In short, the Law has fixed regulations for the distribution of two-thirds or more of one's inheritance, out of which the legal heirs are to receive their shares according to the regulations laid down by the Law.

A maximum of one-third of the inheritance has been left to the discretion of the person concerned, who can dispose of it by means of bequest in light of his particular family circumstances.

If anyone makes either an inequitable bequest or misuses his discretion so as to hurt the legitimate rights of others, it is permissible for the members of the family to rectify the situation either by mutual agreement or by requesting a judge to intervene.

For further details see my booklet Yatim Pot6 ki Wirathat ka Mas'alah, Lahore, 1954.


*21.

This is in response to those feeble-minded people who do not fully appreciate God's law of inheritance and try to fill, with the help of their limited intellect, what they see as gaps in God's Laws.

(4:12)

And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have made or any debts outstanding against them. And to them belongs a fourth of what you leave behind, if you die childless; and if you have any child then to them belongs one-eighth of what you have left behind, *22 after the payment of the bequest you might have made or any debts outstanding against you.
And if the man or woman has no heir in the direct line, but has a brother or sister, then each of these shall inherit one-sixth; but if they are more than two, then they shall inherit one-third of the inheritance, *23 after the payment of the bequest that might have been made or any debts outstanding against the deceased, providing that the bequest causes no injury. *24 This is a commandment from Allah; Allah is All-Knowing, All-Forbearing. *25


meaning


*22. Whether a man has one wife or several wives the share of the wife/wives is one-eighth of the inheritance when the deceased has issue, and one-fourth when he has no issue.

The share of the wives, whether one-fourth or one-eighth, will be distributed equally among them.

*23.
The remaining five-sixths or two-thirds of the inheritance goes to the legal heirs, if any.

Where there are no legal heirs, the person concerned is entitled to make a bequest with regard to the remaining part of the inheritance.

Commentators are agreed that the sisters and brothers mentioned here mean half-brothers and half-sisters, i.e. those who have kinship with the deceased on the mother's side.

Injunctions affecting full brothers and sisters, and half-brothers and half-sisters on the father's side are mentioned towards the end of the present surah. (See verse 176 below, and nn. 219 ff. - Ed.)


*24

.'Bequests which cause injury'
are those that entail depriving deserving kin of their legitimate rights.

Similarly, the debt which causes injury is the fake debt which one falsely admits to owing, and any other device to which one resorts merely in order to deprive the rightful heirs of their shares in inheritance.


This kind of injury has been declared to be a major sin in a tradition from the Prophet (peace be on him). According to another tradition the Prophet (peace be on him) said that even if a man worked all his life, like the men of Paradise, yet ended his life's record by making a wrongful bequest, he would be consigned to Hell. (Ibn Kathir, vol. 2, p. 218.)

Such an act of deliberate injury and calculated effort designed to deprive people of their due rights is always a sin, but it is mentioned by God particularly in the case of kalalah

(the person who leaves behind neither parents nor descendants).

(For kalalah see nn. 219 ff. below - Ed.)

The reason for this seems to be that a man who has neither issue nor parents is often prone to squander his property and somehow prevent his distant relatives from receiving any share in the inheritance.



*25.

God's knowledge is referred to here for two reasons.

First,~~~ to stress that if a man violates God's Law he will not be able to escape from the grip of God, for He is Omniscient.

~~~Second, to emphasize that the shares in inheritance fixed by God are absolutely sound, for God knows better than His creatures where their true interests lie.
Reference is also made to God's forbearance.

This is in order to point out that harshness could not characterize the laws laid down by God in respect of inheritance since He Himself is not harsh. On the contrary, the aim of God's laws is to prevent people suffering inconvenience and hardship.

(4:13)

These are the bounds set by Allah. Allah will make the man who obeys Allah and His Messenger enter the Gardens beneath which rivers flow. He will abide there for ever. That is the mighty triumph.

(4:14) And he who disobeys Allah and His Messenger and transgresses the bounds set by Him - him shall Allah cause to enter the Fire. There he will abide. A humiliating chastisement awaits him.25a




meaning

25a.

This is a terrifying verse in which those who either tamper with God's laws of inheritance or violate the legal bounds categorically laid down by God in His Book are warned of unending punishment.

It is lamentable that, in spite of these very stern warnings, Muslims have occasionally been guilty of breaching God's laws with the same boldness and insolence as that of the Jews.

Disobedience to God's law of inheritance has occasionally assumed the proportion of open rebellion against Him.

In some instances, women have been disinherited altogether. In others, the eldest son has been declared the only legal heir.

There are also instances where the entire system of inheritance distribution has been replaced by the system of joint family property.

In still other instances, the shares of women have been made equal to those of men.

In our time a few Muslim states, in imitation of the West, even contrived a new form of disobedience.


This consists of imposing death duties so that governments, too, become one of the heirs of the deceased, an heir whose share God had altogether failed to mention! This is despite the fact that under Islamic dispensation governments may assume control of a dead man's inheritance only if it is either unclaimed or if the person concerned has specifically so bequeathed part of his inheritance.

(4:15) As for those of your women who are guilty of immoral conduct, call upon four from amongst you to bear witness against them. And if four men do bear witness, confine those women to their houses until either death takes them away or Allah opens some way for them.
(4:16) Punish both of those among you who are guilty of this sin, then if they repent and mend their ways, leave them alone. For Allah is always ready to accept repentance. He is All-Compassionate. *26





meaning


*26.

In these two verses (15-16) the first, preliminary directives for the punishment for unlawful sexual intercourse are stated.

The first verse deals with women.

The punishment laid down was to confine them until further directives were revealed.

The second verse (i.e. 16) relates to both sexes.
The injunction lays down that they should be punished - that is, they should be beaten and publicly reproached.

Later, another injunction was revealed (see Surah al-Nur 24: 2) which laid down that both the male and female should be given a hundred lashes.

These injunctions are necessarily of a preliminary nature since the people of Arabia were neither used to obeying the orders of any established government, the verdicts of any courts of law nor to following any legal code; it would therefore have been unwise to try to force acceptance of a penal code upon them so soon after the establishment of the Islamic state. In due course, the punishments for unlawful sexual intercourse, for slanderous accusations of unchastity against women, and for theft were laid down in their definitive form and served as the basis of that detailed penal code which was enforced by the Prophet (peace be on him) and the Rightly-Guided Caliphs.




The apparent difference between the contents of the two verses led al-Suddi to~~~~
the misconceived belief that the first verse lays down the punishment for married women,
and the second that for unmarried men and women.

This is a tenuous explanation unsupported by any serious evidence and argument. Even less convincing is the opinion expressed by Abu Muslim al-Isfahani~~~~
~~~ that the first verse relates to lesbian relations between females, ~~~and the second to homosexual relations between males.

It is strange that al-Isfahani ignored the basic fact that the Qur'an seeks merely to chart a broad code of law and morality and hence deals only with fundamental questions.

It is inconsistent with the majestic style of the Qur'an to discuss secondary details which have been left to people to decide through the exercise of their legal judgement. It is for this reason that when the problem of fixing a punishment for sodomy came up for consideration after the time of the Prophet (peace be on him), none of the Companions thought that the above-mentioned verse contained any relevant injunction.

إِنَّمَا التَّوْبَةُ عَلَى اللَّهِ لِلَّذِينَ يَعْمَلُونَ السُّوءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِنْ قَرِيبٍ فَأُولَئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا ﴿4:17



وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الْآَنَ وَلَا الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُولَئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا ﴿4:18


An-nisa
Verse 17-18

(4:17-18) (And remember that) Allah's acceptance of repentance is only for those who commit evil out of ignorance and then soon repent. It is towards such persons that Allah turns graciously. Allah is All-Knowing, All-Wise. But of no avail is repentance of those who do evil until death approaches any one of them and then he says: 'Now I repent.' Nor is the repentance of those who die in the state of unbelief of any avail to them. For them We have kept in readiness a painful chastisement. *27


Meaning

*27.

The Arabic word:
tawbah means

'to return, to come back'.

A man's tawbah after he has sinned means that God's servant, who had turned away from his Master in disobedience, has repented, and has returned to obedience and service.
On the other hand, tawbah on the part of God means that the attention of the Master, which had turned away from His erring servant, has once again turned towards him.

In this verse, however, God makes it clear to His servants that tawbah is acceptable only from those who commit errors inadvertently and out of ignorance. Such persons will always find the door of God open for them whenever they turn to Him in repentance.
But this tawbah is not for those who pile sin upon sin throughout their lives in sheer indifference to God and who cry for pardon as soon as they see the angel of death approaching. The Prophet (peace be on him) has warned against this attitude in the following words:

'God accepts the repentance of a person only up to the time, when there appears NO sign of death. It is obvious that after the time of test has expired, No chance is left for him to turn back from sin. Likewise if a person is dying as a disbeliever and seeing with his own eyes the other world contrary to his expectations the question of his repentance does not arise at all.

(4:19-21) Believers! It is not lawful for you to become heirs to women against their will. *28 It is not lawful that you should put constraint upon them that you may take away anything of what you have given them; (you may not put constraint upon them) unless they are guilty of brazenly immoral conduct. *29 Live with your wives in a good manner. If you dislike them in any manner, it may be that you dislike something in which Allah has placed much good for you. *30 And if you decide to dispense with a wife in order to take another, do not take away anything of what you might have given the first one, even if you had given her a heap of gold. Would you take it back by slandering her and committing a manifest wrong? How can you take it away after each one has enjoyed the other, and they have taken a firm covenant from you? *31



meaning

*28.

This means that the relatives of the husband should not treat the widow of the deceased as if she were a part of the inheritance and begin imposing their will on her. Upon the death of her husband a woman becomes independent. As soon as her legally-prescribed period of waiting ends, she is free to go to wherever she likes and to marry anyone she wishes.


*29.

This permission is intended not in order to provide them with an excuse to misappropriate her property but to exercise a restraint on her conduct and prevent her from lewdness.


*30.

This means that if the wife is either not beautiful or has some shortcoming because of which she does not seem attractive enough to her husband, the latter should not suddenly decide, in a fit of rage and disgust, to part with her. Rather he should act with patience and forbearance. It often happens that a woman lacks physical attraction but has other qualities which are of much greater value for the success of married life. Hence if such a woman finds the opportunity to express her qualities, the same husband who initially felt revulsion towards her becomes captivated by her attractive conduct and character. Sometimes in the early stages of married life a husband dislikes certain things in his wife, and this initial dislike may even grow to revulsion. Were a man to be patient and allow all the potentialities of the woman to be realized, it would become evident to him that her merits outweighed her weaknesses. Hence a man's haste in taking the decision to rupture the matrimonial bond is not praiseworthy. Repudiation of marriage should be a man's last resort, a resort towards which he should turn only in unavoidable circumstances. The Prophet (peace be on him) has said:

For God, divorce is the most reprehensible of all lawful things.' (Abu Da'ud, Talaq', 3; Ibn Majah, 'Talaq', 1 - Ed.)

In another tradition the Prophet (peace be on him) said: 'Marry and do not go about divorcing. For God does not like men and women who keep on changing partners merely for a change of taste.'

(al-Tabrani, cited by 'Ajluni in Kashf al-Khifa. vol. 1, p. 304 - Ed.)



*31.

The 'firm covenant' in this verse refers to marriage. For marriage is a firm covenant of fidelity. It is only because a woman has faith in the firmness of this covenant that she entrusts herself to a man. If a man decides of his own will to break it, he has no right to withdraw the amount he offered his wife by way of bridal-due at the time of entering into that covenant.

(See Towards Understanding the Qur'an, vol. I, Surah 2, n. 251.)

(4:22) Do not marry the women whom your fathers married, although what is past is past. *32 This indeed was a shameful deed, a hateful thing, and an evil way. *33



meaning


*32.

The Qur'an rounds off all statements prohibiting the objectionable features of the social life of the Jahiliyah period by condoning violations of those prohibitions prior to their revelation:

'What is past is past.'
This has two meanings.

First, that those concerned would not be punished for mistakes committed in their state of Ignorance, providing they rectified their conduct after the prohibitory injunction had been revealed.

Second, that the prohibition of any ancient custom, usage and law did not mean that all acts which took place in the past would be nullified, and that all the consequences of those acts would be deemed void, and people absolved of all the obligations which ensued from them. If marriage with the step-mother, for instance, was prohibited it did not necessarily follow that the children of all such marriages which had been contracted in the past were to be reckoned illegitimate, and that the offspring from such marriages would be disinherited. Similarly, if a certain transaction was declared unlawful it did not mean that all such transactions which had taken place prior to the prohibition should be deemed void and that all the earnings of people accumulated through those transactions would be either seized or declared illegitimate property.



*33.

In Islamic law marrying women who fall in the prohibited degrees of marriage is a recognized criminal offence. According to traditions in the Hadith collections of Abu Da'ud, Nasa'i and Ahmad b. Hanbal, people guilty of this offence were punished by the Prophet (peace be on him) with death and confiscation of property.

It appears from the tradition related by Ibn 'Abbas (found in the collection of Ibn Majah),

that the Prophet (peace be on him) had devised the following general rule:

'Kill whosoever commits sexual intercourse with a woman forbidden to him' (Ibn Majah; 'Hudud', 13, 35; also Ahmad b. Hanbal, Musnad, vol. 1, p. 300 - Ed.)

There is some disagreement, however, among jurists on this question. Ahmad b. Hanbal is of the opinion that the convicted person should be put to death and his property confiscated.

Abu Hanifah, Malik and Shafi'i are of the opinion that if a person commits sexual intercourse with a woman within the prohibited degrees he should be punished for adultery; and if he merely marries (but has not actually had sexual intercourse - Ed.) he should be subjected to severe punishment.



http://www.tafheem.net/tafheem.html

(4:23-24) Forbidden to you are your mothers, *34 your daughters, *35 your sisters, *36 your father's sisters and your mother's sisters, your brother's daughters and your sister's daughters, *37 your milk-mothers, your milk-sisters, *38 the mothers of your wives, *39 and the stepdaughters - who are your foster-children, *40 born of your wives with whom you have consummated the marriage; but if you have not consummated the marriage with them, there will be no blame upon you (if you marry their daughters). And also forbidden to you are all married women (muhsanat) except those women whom your right hands have come to possess (as a result of war). *44 This is Allah's decree and it is binding upon you. But it is lawful for you to seek out all women except these, offering them your wealth and the protection of wedlock rather than using them for the unfettered satisfaction of lust. And in exchange of what you enjoy by marrying them pay their bridal-due as an obligation. But there is no blame on you if you mutually agree to alter the settlement after it has been made. Surely Allah is All-Knowing, All-Wise.

Meaning

*34.

The word 'mother' applies to one's step-mother as well as to one's real mother. Hence the prohibition extends to both. This injunction also includes prohibition of the grandmother, both paternal and maternal.

There is disagreement on whether a woman with whom a father has had an unlawful sexual relationship is prohibited to his son or not. There are some among the early authorities who do not believe in such prohibition. But there are others who go so far as to say that a woman whom a father has touched with sexual desire becomes prohibited to the son.

Likewise, there is disagreement among the scholars of the early period of Islam in regard to a woman with whom a person has had an illegitimate sexual relationship whether she is prohibited to his father or not.

In the same way there has been disagreement in regard to a man with whom a mother or daughter has had an illegitimate sexual relationship, whether or not marriage with him is prohibited for both the mother and daughter. (See Jassas, vol. 2, pp. 113 ff., and Bidayat al-Mujtahid, vol. 2, pp. 33 f. - Ed.)

There is a great deal of formal, legal discussion on this point. But even a little reflection makes it evident that if a man marries a woman who is at once the object of the desire of either his father or his son, and if a man marries a woman and is attracted to either her mother or daughter, this militates against the requirements of a righteous society.

The spirit of the Law is opposed to the legal hair-splitting which makes a distinction between sexual relations that take place either within the marital framework or outside it, and between either touching or looking with desire and so on.
The plain fact is that if the sexual passions of both the father and the son are focused on the same woman, or conversely, if the sexual passions of both the mother and daughter are focused on the same man, this situation is full of evil and mischief for family life and the Law can never tolerate it.
The Prophet (peace be on him) has said:

'Whoever looks at the genitals of a woman, both the mother and daughter of that woman become prohibited for him.'

In another tradition, the Prophet (peace-be on him) said:

'God will not even care to look at the person who casts his look at the genitals of a woman as well as those of her daughter.' (Jassas, Ahkam al-Qur'an, vol. IV, p. 141.) These traditions bring out the intent of the Law very clearly.


*35.
The injunction with regard to daughters applies to grand-daughters on both the paternal and maternal sides as well.

There is disagreement, however, whether a daughter born of an illegitimate relationship becomes prohibited or not. According to Abu Hanifah, Malik and Ahmad b. Hanbal such a daughter is prohibited in the same way as a daughter born in wedlock; Shafi'i, however, is of the opinion that such daughters are not prohibited. The very idea, however, of marrying a girl who was born of one's own semen would be repulsive to any decent person.


*36.
This applies to full sisters as well as to half-sisters.

*37.
In all these relationships, no distinction is made between the full and step-relationships. The sister of a man's father or mother, whether full sister or step-sister, is prohibited to him. Likewise, the daughters of a man's brothers and sisters are prohibited just as if they were one's own daughters. (See Bidayat al-Mujtahid, vol. 2, pp. 31 ff. - Ed.)



*38.

There is consensus among Muslims that if a boy or girl is breast-fed by a woman, that woman attains the status of mother, and her husband the status of father. It is forbidden to marry relatives through milk where the degree of relationship is such as to constitute a bar to marriage in the case of blood-relations.

The basis of this rule is the saying of the Prophet (peace be on him):
'Whatever is rendered prohibited by descent (nasab) is likewise rendered prohibited by breast-feeding.' (Bukhari, 'Shahadat', 4, 7,13,14; Muslim, 'Rida'ah', 1-14,26-30; etc. - Ed.)

According to Abu Hanifah and Malik prohibition is established if a child suckles milk from a woman's breast equal to that minimum quantity which nullifies fasting. But according to Ahmad b. Hanbal, it is established by three sucklings; and according to Shafi'i by five.
There is also disagreement about the maximum age up to which breast-feeding leads to prohibition of marriage with the woman concerned. In this connection, jurists have expressed the following opinions:

(1) Suckling is of legal significance only when it occurs before a child has been weaned, and when milk is its main source of nourishment. If a child suckles from a woman's breast after having been weaned, this is legally no different from drinking anything else. This is the opinion of Umm Salamah and Ibn 'Abbas, and a tradition to this effect has also been reported from 'Ali. This is also the view of al-Zuhri, Hasan al-Basri, Qatadah, 'Ikrimah and Awza'i.


(2) Prohibition is established by breast-feeding during the first two years of a child's life. This is the view of 'Umar, Ibn Mas'ud, Abu Hurayrah and 'Abd Allah b. 'Umar. Among jurists, Shafi'i, Ahmad b. Hanbal, Abu Yusuf, Muhammad b. al-Hasan al-Shaybani and Sufyan al-Thawri followed this view; and according to a report, so did Abu Hanifah. Malik largely followed this view, but he was of the opinion that if breast-feeding took place a month or two after the age of two, the prohibition would still remain in effect.


(3) The generally-reported opinion of Abu Hanifah and Zufar is that a bar to marriage is created by breast-feeding up to an age limit of two and a half years.

(4) Some other jurists are of the opinion that the prohibition comes into effect irrespective of the age when breast-feeding takes place. This opinion is based on the view that the effective cause of the prohibition is a woman's milk, rather than the age of the person fed. Hence, even in the case of an older person, the same prohibition would apply as in the case of an infant.
This is the view of 'A'ishah and this has been supported on the basis of a tradition from 'Ali, which is presumably .authentic. Among the jurists this opinion has been followed by 'Urwah b. al-Zubayr, 'Ata', Layth b. Sa'd and Ibn Hazm. (On this subject see Jassas, vol. 2, pp. 124 ff.; and Ibn Rushd, Biddyat al-Mujtahid, vol. 2,'pp'. 35 ff. -Ed.)

*39.
There is disagreement about prohibition in respect of the mother of the woman with whom one has merely contracted marriage (without having consummated it). Abu Hanifah, Malik, Ahmad b. Hanbal and Shafi'i believe that such a relationship is prohibited. 'Ali, however, holds the opinion that unless the marriage has been consummated the mother of one's wife does not become prohibited.


*40. The prohibitive restriction in regard to such girls is not based on the consideration of their having been brought up in the house of a step-father. The reference to the child's upbringing in his house points to the delicacy of this relationship. The jurists are almost unanimous that it is prohibited to marry one's step-daughter irrespective of whether or not she has been raised in the step-father's house.

*41. This restriction has been added because the widow of one's adopted son is, according to Islam, not prohibited. It is only the wife of one's own son who is prohibited. Likewise, the wives of grandsons (paternal and maternal) are prohibited to grandfathers (on both the mother's and father's side).
*42. The Prophet (peace be on him) has taught that it is prohibited for a man to combine in marriage an aunt - whether maternal or paternal - with her niece. The guiding principle is that it is prohibited to have as wives two women who, if one were male, would be prohibited to each other. (See Bidayat al-Mujtahid, vol. 2, p. 41 - Ed.)


*43. This is an assurance that God would not call them to task for such misdeeds of the Jahiliyah period as combining two sisters in matrimony, provided they abstained from doing so in the future. (See also n. 32 above.) For this reason a man with two sisters as his wives is required to divorce one of them when he embraces Islam.


*44. Women who come as captives of war, leaving their husbands behind in Dar al-Harb (Domain of War), are not prohibited, for their marriage is nullified by virtue of their entry into Dar al-Islam (Domain of Islam).
A man may marry such women and, if they happen to be his slave-girls, he may have sexual relations with them.

There is disagreement, however, among jurists as to what should be done if both husband and wife have been taken captive together. Abu Hanifah and the jurists of his school are of the opinion that their marriage should remain intact.

Malik and Shafi'i, on the other hand, argue that their matrimonial contract should be rendered void.

Many misunderstandings seem to persist about the right to have sexual relations with one's slave-girls. It is pertinent to call attention to the following regulations of Islam:


(1) Islam does not permit soldiers of the Islamic army to have sexual relations with women they capture in war.
Islamic Law requires that such women should first be handed over to the government, which then has the right to decide what should be done with them. It may either set them free unconditionally, release them on payment of ransom, exchange them for Muslim prisoners of war held by the enemy or distribute them among the soldiers. A soldier may have sexual relations only with that woman who has been entrusted to him by the government


. (2) Even then, he may not have sexual relations with her until at least one menstrual period has expired; this is in order to establish that she is not already pregnant.
If the woman concerned is pregnant one may not have sexual relations with her until after the birth of her child


(3) It is not necessary for female captives of war to be People of the Book in order that sexual relations with them be permitted. The man to whom such a woman is entrusted has the right to have sexual relations with her regardless of her religious affiliations
(4) Only that person to whom a female captive has been entrusted has the right to have sexual relations with her. Any child born to her will be regarded as the legitimate child of her master, and will be entitled to all the rights laid down by the Law for one's issue. Moreover, once such a woman has given birth to a child she may not be sold to anyone, and on the death of her master she automatically becomes a free person


.
. (5) If the master allows the woman to marry someone else he ceases to have the right to sexual relations with her but retains the right to have her serve him in other ways.



(6) Although the Law has fixed the maximum number of wives at four, it has set no limit with regard to slave-girls.
The Law does not lay down a limit in order to encourage people to accumulate huge armies of slave-girls, and thereby turn their homes into dens of sexual enjoyment. Rather the Law does not define the limit because the effects of war and the total number of female captives that would have to be disposed of after a certain war are unpredictable.


(7) In the same way as other rights of property are transferable, so are the proprietary rights regarding the captives of war that have been legally entrusted to a man by the state


. (8) Since the regular conferment of property rights is as legal an act as that of marriage, there is no basis for a person who feels no revulsion towards the idea of marriage to feel revulsion towards the idea of having sexual relations with a slave-girl duly entrusted to him.


(9) If a government confers proprietary rights to a man over a female captive of war it forfeits the right to withdraw those rights in the same way as the guardian (wali) of a woman ceases to have the right to withdraw his agreement to the marriage proposal after the marriage has been contracted.


(10) If a military commander permitted his soldiers to temporarily use the female captives as objects of sexual desire and distributed them among the soldiers for that purpose, such an act would be considered unlawful by Islamic Law. Such an act is not essentially different from fornication or adultery. For details see my book Tafhimat, vol. 2, pp. 366-84, and Rasai'il wa Masa'il, 6th edition, Lahore, 1976, vol. 3, pp. 102-4.

(4:25) And those of you who cannot afford to marry free, believing women (muhsanat), then marry such believing women whom your right hands possess. Allah knows all about your faith. All of you belong to one another. *45 Marry them, then, with the leave of their guardians, and give them their bridal-due in a fair manner that they may live in the protection of wedlock rather than be either mere objects of unfettered lust or given to secret love affairs. Then if they become guilty of immoral conduct after they have entered into wedlock, they shall be liable to half the penalty to which free women (muhsanat) are liable. *46 This relaxation is for those of you who fear to fall into sin by remaining unmarried. *47 But if you persevere, it is better for you. Allah is All-Forgiving, All-Compassionate.


meaning

*45. The difference between the status of people is relative.
All Muslims are alike.
If there is any true distinction its basis is a person's faith and faith is not an exclusive privilege of the rich or so-called upper classes of the society. So it is possible for a slave-girl to be superior, in respect of her faith and morals, to a woman belonging to the elite of a society.


*46

.A superficial reading of this verse can lead to the mistaken conclusion, as Khawarij and others have done, that stoning is not the prescribed punishment for adultery.

Such people ask:

If stoning is the prescribed punishment for extra-marital sexual intercourse, then how is it possible to halve that punishment with regard to slave-girls?

Such people have not noted carefully the wording of this verse. In this section (see verses 24-5) the term muhsanat (protected women) is used in two different meanings.

First, it is used in the sense of 'married women', that is, those who enjoy the protection of their husbands.

Second, it is used in the sense of 'women belonging to families', i.e. those who enjoy the protection of families even though they may not be married. In the verse under discussion, the word muhsanat is used in the latter sense, i.e. in the sense of women who enjoy the protection of families as opposed to slave-girls. At the same time, the word is also used in the first meaning, when slave-girls have acquired the protection accorded by the contract of marriage (fa idha uhsinna), they will be liable to the punishment laid down in this verse if they have unlawful Sexual intercourse.
It is therefore apparent that a free woman enjoys two kinds of protection. One is the protection of her family through which she remains protected even when she is not married.
The second is the protection of her husband, which reinforces the protection of the family that she already enjoys.

As long as the slave-girl remains a slave, she does not enjoy the protection of the family. However, when she is married she has the protection of her husband - and of her husband alone. This protection is partial. Even after marriage she is neither liberated from the bond of her master nor does she attain the status enjoyed by free women.

The punishment prescribed for a married slave-girl is accordingly half the punishment of an unmarried free woman rather than half that of a married free woman.
This also explains that the punishment for unlawful sexual intercourse (zina) laid down in Surah al-Nur 24: 2 refers to the offence committed by unmarried free women alone, and it is in comparison with their punishment that the punishment of married slave women has been laid down as half.

As for free married women, they deserve more severe punishment than the unmarried free women (muhsanat) for they violate the double protection.

Even though the Qur'an does not specifically mention punishment by stoning it does allude to it in a subtle manner.



*47. That is, if a man cannot afford to marry a free woman then he should marry a slave-girl with the permission of her master.