النص المفهرس

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of wine casks and bags, available in the market for commercial sales.
So obedient were the noble Companions that they deposited those too
at the designated place without the least hesitation. The Holy Prophet
went there personally and slit many leather wine-bags with his
own blessed hands and let the rest be slit apart by other Companions.
Another Companion, a businessman who imported wine from Syria
happened to be on a business trip in Syria. He had taken his entire
capital with him against which he bought a stock of wine for
commercial sales. When he returned with his cargo, he came to know
that wine had been declared haram before he could enter the city
limits of Madinah. Having heard about the ban on wine, the
Companion who was a model of devotion and sacrifice, and who was
also returning home after investing all his capital and labour hoping
to make a big profit out of it, quietly stacked it on a wayside hillock,
came down to see the Holy Prophet of asking him about this stock of
his: 'What should I do?' The Holy Prophet ordered him, in
accordance with the Divine command, that he should tear out all those
leather bags and pour the wine in them down on the ground. This
wonderful lover of Allah and His Messenger did not hesitate for a
moment. Using his own hands, he poured forth all his invested capital
on the sands of that hill-slope. This too is a great miracle of Islam, and
a demonstration of mind-boggling and virtually unrivalled obedience
that came about during this episode. Imagine how difficult it is to
shake off the habit of being used to something while these people were
chronically habituated to consuming wine and could not stay away
from it even for a little while. For them, it was just that command
from their Lord proclaimed by His prophet which brought about such
an instant change in their habits that they started hating the same
wine and gambling they were so addicted to.
Islamic strategy for a social change
The verses above and the events connected with them present
before us a model of active Muslim response to the law making wine
unlawful. One may call it a miracle of Islam or a unique outcome of
prophetic teaching and training or the inevitable end-product of
Islamic methodology of social change, the fact is that its effectiveness
was phenomenal. Compared to this was the attempt at prohibition
made in the United States with the support of experts, lobbies, law,

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media and constitutional amendment which failed in the face of much
increased use of liquor making the authorities cancel their plans.
What is the secret behind this enormous difference?
The secret is that Islam has never depended on law alone as the
tool of social reform. Law not being sufficient, it has first prepared and
fine-tuned the minds of its people tempering their attitudes with the
golden prescription of a deep devotion to and worship of their Creator,
moderation in worldly living and a genuine concern for the life to
come. The great revolution brought in this manner produced
matchless men who would eagerly come forward to sacrifice their life,
property, honour, anything and everything at one call from their
prophet. This task of preparing men who would match the mission
continued throughout the Makkan period by means of rigorous
spiritual training. Once such a devoted group of people was ready,
then came the law. No doubt, the Americans too did their best
utilizing the vast powers of the media, but they had everything with
them except the concern for the life to come while the concern for the
Hereafter was the very life-blood of Muslims.
The golden prescription is still there, very much valid, waiting for
peaceless people round the world to use it. Let the wise think.
The good and evil of wine
The 'good' in wine is popularly known as a certain taste and a feel-
ing of well-being, professed increase of temporary energy, and a given
glow on the face. Being transient, these benefits hardly stand against
the array of evils it breeds. Take the human body first. Drinking caus-
es mal-function of the stomach, reduces desire to eat, affects facial con-
tours, inflates the waistline, hurts the liver and the kidneys and be-
comes a contributor to all sorts of diseases. Reason does not work
under the influence of hard drinks which goes beyond the time one
claims to have become sober. The hangover turns out to be as bad.
Wine, a tempting stimulant and a much romanticized poison works
slowly, inspite of the spirited defence put up by its users. The fact is
that drinking not only harms them but affects their children as well.
Socially, drinking may become the cause of mutual malice and
enmity which is a great evil in the sight of Islamic law. It is for this
reason that the Holy Qur'an particularly mentions this evil in Surah
al-Ma'idah:

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إِنَّمَا مُرِدُ الشَّيْطْنُ أَنْ تُوقِعَ بَيْنَكُمْ الْعَدَاوَةَ وَالْبَغْضَاءَ فِى الْخَمْرِ وَالْيَشِ
The Satan only wants that hositility and hatred come to stay
between you through wine and gambling. (5:91)
One of the most harmful drawbacks of drinking shows up when a
person under its influence lets out his guarded secrets. It becomes
much more disasterous if the culprit happens to be a state functionary
in possession of vital government secrets. Passing these out to an
enemy agent can cause great damage to the state through a coup, a
political loss or a challenge to national defence. Clever spies are
always on the look out for such opportunities.
So, the habit of drinking is not only an evil in itself but a mother of
other evils as well making men ready to commit the worst possible
crimes against their fellow-beings.
The physical evils of drinking are too well-known to recount here
while its spiritual evils are equally obvious. Wine is harmful because
the Holy Qur'an says : ◌ِوَيَصُدَّكُمُ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلُوة :'It prevents you from
remembering Allah and from the Salah'. Then, the question asked by
the Holy Qur'an is: 'Would you then desist?'
The forbiddance of wine: A complete view
Upto this point, we have discussed four verses of the Holy Qur'an
which deal with the unlawfulness of wine, and its forbiddance. It
seems appropriate that yet another mention of intoxicants made by
the Holy Qur'an in Surah Al-Nahl in a different context should be
brought into focus here so that we have all Qur'anic statements
concerning wine and intoxicants in one complete frame of reference.
The said verse is as follows:
وَمِنْ ثَمَرْتِ الثَّخِيلِ وَ الْأَعْنَابِ تَتَّخِذُوُنَ مِنْهُ سَكَرًّا ◌َرِزْقًا حَسَنًا إِنَّ فِىٌ ذُلِكَ
لَآيَةً لِّقَوْم ◌َعْقِلُونَ ١
And of the fruits of the palms and the vines, you take there-
from an intoxicant and a good provision. Surely, in that there
is a sign for a people who understand. (16:67)
In verses preceding the one above, mention was made of Allah's
blessings which cause production of human food through unique
mechanisms. It was said:

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وَإِنَّ لَكُمُ فِى الْأَنْعَامِ لَعِبْرَةً تُسْقِيْكُمْ بَِّا فِىْ بُطُونِهِ مِنْ بَيْنِ فَرٍْ تَوَدَمٍ كَبْنَاً
خَالِصًا سَآنِفًا لِلشّرِبِينَ )
And surely in the cattle there is a lesson for you; We give you
to drink of what is in their bellies, between filth and blood,
pure milk, sweet to drinkers. (16:66)
The text uses the word, 'nusqikum' which means 'We gave you milk
to drink' implying that it needs no further human processing.
Following this, it was said that man procures things to eat, as well as,
makes things which benefit him. Here, the hint is that human
processing plays some part in procuring what he eats and in making
what, he uses to his advantage. And it is as a result of the entry of the
human factor that two types of things were produced. One of these is
an intoxicant known as wine while the other is 'a good provision', such
as the dates and the grapes which can be used fresh off the palms and
vines or can be dried and stored for later use. In short, Allah Almighty,
in His perfect creativity, gave man fruits such as dates and grapes and
gave him the added right to use them as food. Now what he makes out
of them is his choice, either make intoxicants out of them and thereby
spoil his reason, or use them for food and energy. According to this
explanation, this verse cannot be used to argue in support of the
lawfulness of intoxicating wine. The reason is simple. Here, the
purpose is to describe the gifts of nature and to point out to the
different forms in which they could be used which is all part of the
same Divine blessing. For instance, consider all that man eats and
things man uses to his advantage. There are many who use these in
ways that are impermissible but, the incidence of someone using
things wrongfully does not preclude a blessing from remaining a
blessing. So, the context of the statement needs no details as to which
use is permissible or impermissibe, however, there is a subtle
indication embedded here too. If we look at how 'sakar: intoxicant' has
been counter-poised by 'rizqan hasana': 'a good provision', we would
realize that an intoxicant is not a good provision. The majority of
commentators take sakar to mean something that intoxicates. (Rüh
al-Ma'āni, Qurtubi and Jassās)
There is a consensus of the Ummah that these verses are Makkan
while the unlawfulness of wine was revealed later on in Madinah

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al-Tayyibah. Even though wine was lawful at the time these verses
were revealed and Muslims used to indulge in wine generally yet, even
at that stage, a hint was made in the verse that indulging in wine is
not good. Later on, came the Qur'anic command which clearly and
forcefully made wine unlawful.
The prohibition of Gambling
The word, maisir is an infinitive and lexically means 'to distribute'.
One who distributes is called yasir. During the days of Jahiliyyah,
several types of games of chance were common in Arabia. In one of
such games, they used to slaughter a camel following which they
would gamble while distributing shares from the meat. Some used to
get more than one share while others remained deprived of even one.
The one who thus remained deprived had to pay for the whole camel.
The meat was, of course, distributed among the poor; the gamblers did
not use it themselves.
The catch in this particular game of chance was that it benefited
the poor while, at the same time, it demonstrated the philanthropy of
the gamblers. That is why this game was considered a matter of pride
by them. Anyone who would not participate in it was chided as miserly
and wretched.
It is because of the relevance of distribution that Qimar is given
the name of Maisir. All Companions, and Successors to them, hold the
unanimous view that the word, Maisir includes all forms of Qimar or
gambling and that all of them are haram or unlawful. Ibn Kathir in
his Tafsir and al-Jassas in Ahkam al-Qur'an report that the blessed
Companions 'Abdullah ibn 'Abbas, Ibn 'Umar, Qatadah, Mu'awiyah
ibn Salih, 'Ata and Ta'wus said: الميسر القمار حتى لعب الصبيان بالكعاب والجوز that is,
Qimar (of all kinds) is Maisir - even the games of children with dices
and walnuts.
Sayyidna Ibn 'Abbas said :المخاطرة من القمار that is, Mukhatarah (to put
something on stake) falls under Qimar (Jassas). Ibn Sirin said: "That
which involves stakes is included in Maisir' (Ruh al-Bayan).
Mukhatarah or 'stake' is a deal which revolves between profit and
loss, that is, there may be a chance that one gets a lot, and also, that
one gets nothing. This is very much like what we find in all sorts of
modern lotteries. All these types are included under Qimar and Maisir

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or gambling, and are haram. Therefore, Maisir or Qimar or gambling
has been defined as a deal in which the act of making a person the
owner of something of value depends on a contingency the two sides of
which are equal, and consequently, there are two equal possibilities of
taking total profit or absorbing total loss (Shami, Kitab al-Khatar wa l'ibahah,
volume 5, page 355). For instance, it is quite possible that the penalty falls
on A, and it is also possible that it falls on B.
To sum up, the rule is that all kinds and forms in vogue - in the
past or current today or likely to emerge in the future - shall all be
called Maisir and Qimar and gambling. Prize-awarding cross-word
puzzles (in which the participants are charged a fee) and commercial
lotteries, the generally known among whatever other forms they may
have, are all included under gambling. However, should there be a
prize offered by one side only, stipulating that it will be given to one
who performs a certain feat, that would not matter subject to the
condition that no fee is taken from that person. The reason is that, in
this case, the deal does not hang between benefit and harm, but hangs
between benefit and no-benefit.
Therefore, in authentic ahadith, chess and backgammon and their
likes have been declared unlawful where money or property is staked
in a win or lose situation. Should there be money staked in playing
cards, that too will be included under Maisir.
In Sahih Muslim, there is a report from the blessed Companion
Buraydah at Ji , which states that the Holy Prophet & said that one
who plays backgammon is like one who dyes his hands in the flesh and
blood of pork. Sayyidna 'Ali , JIS said that chess is included in
Maisir, that is, gambling. Sayyidna 'Abdullah ibn 'Umar said that
chess is much worse than backgammon. (Tafsir Ibn Kathir)
During the early days of Islam, gambling was permissible like
drinking. When the verses beginning "230| ce" in Surah al-Rum were
revealed where the Holy Qur'an foretold that the Byzantines have no
doubt lost to their rivals - the Persians, but, after a few years, the
Byzantines will prevail once again. When the disbelievers of Makkah
denied the prophecy, Sayyidna Abu Bakr al-Siddique dul co, challenged
them with a bet, something like Qimar, proposing that should the
Byzantines prevail in so many years the disbelievers will have to pay a

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certain amount. The bet was approved. When this prophecy of the
Qur'an actually came to pass, Sayyidna Abu Bakr made sure that he
got the waged amount from the disbelievers and brought it to the Holy
Prophet who expressed his pleasure with what had happened but
asked him to give away the bet-money in charity. This is significant
because Allah had kept His Messenger & protected from something
that was permissible at that time but was going to be made
impermissible later on. This is why he always kept aloof from wine
and gambling, and there were particular ones among the noble
Companions who also remained protected against these. It appears in
a narration that the angel Jibra'il told the Holy Prophet & that Allah
Almighty likes four character-traits in Ja'far al-Tayyar. He asked
Sayyidna Ja'far al-Tayyar as to what these four traits were. He said,
'Till now, I have never talked about these before anyone. Now that
Allah Almighty has told you about them, I submit and relate these
four to you. I saw that wine ruins reason, so I never went near it. I
saw that idols cause no benefit or harm to anyone, so I never indulged
in idol-worship even during the days of Jahiliyyah. Since I have an
acute sense of honour concerning my wife and daughters, so I never
committed adultery. Then, I realized that lying is unbridled meanness,
and a terrible disgrace, so I never told a lie even in Jahiliyyah'. (Ruh
al-Bayan)
Social ill-effects of gambling
The Holy Qur'an has said the same thing about Qimar or gambling
as it has said about wine, that is, in it, there are some benefits as well,
but the harm it brings is greater than its benefits. Everyone knows
this sort of benefit can make a pauper an overnight millionaire, but
there are very few people who know how evil the practice is
economically, socially and spiritually.
In gambling, speaking briefly, the gain of one person is dependent
upon the loss of the other. The total gain of the winner is an outcome
of the total loss of the loser because this transaction does not increase
the (national) wealth or production. The amount of wealth remains as
it was. What happens through this game of chance is that one is
sucked dry of his wealth which then reaches the other, therefore,
Qimar is a blanket undoing of a people, and the death of human
morality. Isn't it that man, who should be an agent of public good, a

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model of sympathy and sacrifice, stoops to the level of a beast while
gambling, and starts seeing his life in the death of his brother, and
finding delight in his distress, and searching for gain in his loss, and
goes about harnessing all his abilities to promote his selfishness?
Contrary to this are the permissible forms of transactions in trade
where parties buy and sell releasing profits for both. Then, wealth
circulates and increases through exchange of commercial commodities
and the buyer and seller both find it beneficial.
To begin with, gambling is harmful because the addicted gambler
comes to be deprived of the very habit of earning his livelihood,
because he always keeps dreaming that he will simply sit and grab
what belongs to the other person in no time through a bet, specially so
as it involves no hard work. Some scholars have said that gambling
has been called Maisir (as derived from the word 'yusr' meaning
'easiness') because one can easily take possession of what belongs to
the other through it. Even if gambling deals revolve around a small
number of people such as two or four, their harmful effects mentioned
above show up very clearly. But, here we are in this modern age,
called 'the age of progress' by those handicapped by superficial vision
and lack of insight into its aftermath, where we see wine of all sorts
given new names and labels, where ever-new kinds of interest and
ever-innovative corporate methods to promote it have been invented,
commandeered and given the safe name of 'banking'; so it is with
gambling where thousands of dubious forms have found currency.
Some of these are so highly collective that the amount of contribution
from a whole nation keeps adding up bit by bit, and in case there is a
loss, that gets spread out over everybody and thus does not become
conspicuous. When an amount from this total 'take' reaches the hands
of one person, his gain appears to be prominent, therefore, people tend
to look at his personal gain but pay no heed to the collective loss of
their nation or country. Consequently, they are trapped into believing
that these new kinds may as well be valid, although present here are
all those harmful effects which are found in gambling confined to a
small group of two or four people. Looked at from another angle, the
harm brought by this large-scale gambling is much worse than that
released by the older form of gambling, for its evil effects are
far-reaching and spell out the ruin of a whole nation. As evident, the
natural result of this practice will be that wealth belonging to the
common people of the community will go on decreasing while the

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capital of some capitalists will go on increasing further. Inevitably
then, the entire wealth of the nation will shrink and come to be
concentrated into the hands of a limited number of individuals and a
limited number of families. This can be witnessed everyday in stock
markets and in other forms of Qimar. Now, Islamic economic strategy
has an important principle of its own. It declares that every deal which
siphons the wealth of a whole community out into the coffers of a few
capitalists is haram, unlawful and forbidden. The Holy Qur'an itself,
while stating the principle of the distribution of wealth, has
proclaimed: ◌ْكَيْلًا يَكُونَ دُوْلَةًّ ◌َبَيْنَ الْأَغْنِيَاءِ مِنْكُم .It means that the principle of
distributing spoils of war among different segments of the society
given by the Holy Qur'an aims to make sure that wealth does not
shrink and concentrate in the hands of a few capitalists.
Gambling, like wine, becomes the cause of mutual disputes
reaching the limits of hatred and animosity, so fatal in a civilized
society. To quote once again, the Holy Qur'an mentions the evil of
gambling in the following words:
إِنَّمَا مُرِيِّدُ الشَّبُطُنُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِى الْخَمْرِ وَالمُيْسِرِ
وَيَصََّّْكُمُ عَنُ ذِكْرِ اللّهِ وَعَنِ الصَّلَوةِ
The Satan only wants hostility and hatred to come to stay be-
tween you through wine and gambling, and to prevent you
from remembering Allah and from the Salah. (5:91)
The effect of gambling, like that of wine, is that one gets recklessly
involved in it, becoming unable to attend to the remembrance of Allah,
and the prayer. Perhaps, this is why the Holy Qur'an has elected to
mention wine and gambling side by side in an identical manner since
Qimar or gambling has an intoxicating pull of its own which makes
one ignore the concern of what is good or bad for him.
As partly mentioned earlier, the basic evil in gambling is that one
can falsely devour what belongs to others through this method without
any reasonable compensation or brotherly consideration. This is what
: لَا تَأْكُلُؤًا أَمُوَالَكُمُ بَيْنَكُم بِالْبَاطِلِ :the Holy Qur'an prohibits in the following words
(And do not eat up each other's property by false means) (2:188).
The destroyer of many a home, the ill effects of gambling do not
remain restricted to the gambler alone. They affect his whole family
and become contagious to a much larger social circle because people
may have entered into transactions, contracts and loan deals with him
which will hurt all concerned in the event of his becoming insolvent.

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Finally, in the background of rising social addiction to various
Qimar forms, it is useful to keep in view that this evil distorts one's
natural attitude to work and rivets it on imagined gains. Rather than
concentrate on his physical or mental skills to increase his earnings
steadily, one starts getting fixed on finding ways and means to usurp
the earnings of others.
That is why the Holy Qur'an has said: 33'Bi Lag's that is, the
evils of wine and gambling are greater than their benefits.
Some juristic rules and related notes:
In this verse, the acknowledgement of some benefits of wine and
gambling has been combined with the instruction to desist from them
which helps us deduce the rule that the presence of material benefits
in some thing or act is not contrary to its being declared haram under
the Islamic law. We know that a certain medicine or food item is called
harmful if its harmful effects are far stronger than its benefits. If this
was not so, nothing in this world, not even the worst, would turn out to
be totally devoid of any benefit. A deadly poison, the snake and the
scorpion and the wild beasts, they all have their benefits but, speaking
generally, they are called harmful and people are told to watch out
against them. Similarly, keeping in view the essential sense, things
the evils of which are greater than their benefits are declared haram
or unlawful under the Shari'ah. None of the crimes such as theft,
robbery, adultery, kidnapping and fraud are devoid of some benefit, for
had they been totally benefitless no sane person would ever go near
them, even though the most perfect people in all such crimes are those
known for their tact and intelligence. This tells us that some or the
other benefit does show up in all crimes but, since their harmfulness is
greater than their benefit, no sane person stands up to declare them as
useful and permissible. It is under this principle that the Shari'ah of
Islam has made wine and gambling unlawful.
2. This verse also provides the rule that the elimination of evil
takes precedence over the acquisition of benefit, that is, should
something give a certain benefit along with causing some harm, it
becomes necessary to abandon the benefit in order to stay safe against
the harm. In other words, a benefit which comes with harmfulness
attached to it is ignored.

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Surah Al-Baqarah 2 : 219 - 221
Verses 219 - 221
وَيَسْئَلُوْنَكَ مَاذَا يُنْفِقُونَهُ قُلِ الْعَفْوَ« كَذَلِكَ يُبَيِّنُ اللّهُ لَكُمُ
الْأَيْتِ لَعَلَّكُمْ تَتَفَكَّرُوْنَ ا فِى الدُّنْيَا وَالْآخِرَةِ مَوَيَسْتَلُونَكَ عَنِ
الْيَتُمُىْ قُلُ إِصُلَاعَ لَّهُمْ خَيْ، وَإِنْ تُخَالِطُوْهُمُ فَإِخْوَانُكُمْء
وَاللهُ يَعْلَمُ الْفُسِدَ مِنَ الْمُصْلِحِ(( وَلَوْشَاءَ اللَّهُ لَاَ عُنْتَكُمُ ، إِنَّ
اللّهَ عَزِيزٌ حَكِيمٌ ) وَلَا تَنْكِحُوا الْمُشْرِكْتِ حَتَّى يُؤْمِّء
وَلَامَةٌ مُؤْمِنَةٌ خَيْه ◌ِنُ مُشْرِكَةٍ وَلَوْاَ عُجَبَتْكُمْ وَلَا تُنْكِحُوا
الْمُشْرِكِيْنَ حَتْى ◌ُؤمِنُوا، وَلَعَبْدٌ مُؤْمِنٌّ خَيْرٌ مِنْ تُشْرٍِ
◌َلَوْاَ عْجَبَكُمْ أُولَئِكَ يَدْعُوْنَ إِلَىَ النَّارِّ وَاللهُ يَدْعُوا إِلَى الْجَنَّةِ
وَالْمَغْفِرَةِ بِإِذْنِهُ وَنْبَيِّنُ أَيْتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُوْنَ )
And they ask you as to what they should spend. Say,
"The surplus". This is how Allah makes His verses clear
to you, so that you may ponder on this world and the
Hereafter. And they ask you about the orphans. Say,
"To work for their good is good. And if you live with
them jointly, they are, after all, your brethren. And
Allah knows the one who makes mischief distinct from
the one who promotes good. And if Allah had wished
He would have put you in trouble. Surely, Allah is
Mighty, Wise.
And do not marry the 'Mushrik' women unless they
come to believe; and a Muslim slave-girl is better than
a 'Mushrik' woman, even though she may attract you;
and do not give ( your women) in marriage to 'Mushrik'
men unless they come to believe; and a Muslim slave is
better than a 'Mushrik' even though he may attract
you. They invite to the Fire when Allah invites, by His
will, to the Paradise and to forgiveness, and makes His
verses clear to the people, so that they may observe the
advice. (Verses 219 - 221)
The first part of verse 219 related to the question asked about wine
and gambling, a detailed explanation of which appears in previous
pages.

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Surah Al-Baqarah 2 : 219 - 221
The second part of the verse appearing here relates to another
question -- about how much should be spent in charity. The answer
given is 'al-'afw' which has been translated here as 'the surplus'. It
means that one should not, by such spending, get into personal trouble
in the material life of this world, or by wasting away somebody's due
right, get into the pain of answerability in the life to come.
Verse 220 features yet another question in a series of several posed
by the noble Companions. This question relates to the combining of the
cost of maintenance of orphans. Since there was general lack of
carefulness about the rights of orphans in pagan Arabia, as elsewhere,
warning was given that consuming what belongs to the orphans is like
filling bellies with embers of Hell. Consequently, the recepients of this
warning were so scared that they, out of preventive measure, started
preparing and storing meals given to orphans separately. In case the
child ate less, food was left over and, naturally so, got decomposed.
The reason: It was not permissible for them to use food which belonged
to the orphans, nor did they have the right to give what belonged to
the orphans in charity. This was a matter of sheer discomfort and a
source of loss to the orphans as well. Therefore, the situation was
brought to the notice of the Holy Prophet & following which came the
guidance given in this verse.
It is being said here that the purpose is not to compromise the
welfare of the orphaned children. Since their welfare is served better
through a joint expense system, there is nothing to worry about, for
they are brothers-in-faith and brothers do share.
The above permission has been hemmed by a warning that Allah
watches over the performance of guardians in this matter. He could
have, by setting up a harder code of conduct, put them in trouble
because He is All-Powerful. But, He has provided an easier code of
conduct because He is All-Wise and does not obligate people with what
they cannot do.
Verse 221 carries an injunction relating to marriage with
Mushrikin (those who associate partners with Allah). The commentary
which follows explains the injunction in some detail.
Inter-Marriage between Muslims and Kafirs is Prohibited
In the verses under discussion an important ruling has been given.
It states that the marriage of Muslim males with Kafir (disbelieving in

556
Surah Al-Baqarah 2 : 219 - 221
Islam) females and the marriage of Kafir females with Muslim males
is not permissible. The reason is: Kafir males and females become the
cause that leads man into the Hell. Marital relations demand mutual
love and harmony and without these the real purpose behind such
relationship remains unrealized. If such close relations of love and
affection are established with Mushrikin or disbelievers, the inevitable
effect will be that Muslims may emotionally tilt towards Kufr and
Shirk or, in a lesser degree, the very abhorrence of Kufr and Shirk may
just not remain there in their hearts. Consequently, they too, may get
involved with Kufr and Shirk and thereby end up in Hell. Therefore, it
was said that these people call everyone to come to Hell while Allah
Almighty calls man to Paradise and to His forgiveness and, for this
purpose, states His injunctions openly and clearly so that people follow
the wise counsel. Let us consider a few points at this stage:
1. If the word, Mushrik in this verse is taken to mean non-Muslims
as a whole it would be necessary to exempt non-Muslim women of the
Ahl al-Kitab (the people of the Book) from the purview of this
injunction, because it is expressly stated in another verse that:
وَالْمُحُصَنْتُ مِنَ الَّذِيْنَ أُوْنُوا الْكِتُبَِمِنْ قَبْلِكُمْ
And good women from among those given the Book before you
(marriage with whom is lawful for you). (5:5)
But if the word Mushrik is taken to mean specially those
non-Muslims who are not from amongst the Ahl al-Kitab (People of the
Book i.e. the Jews and the Christians), this verse needs no exception,
because it covers only those non-Muslims who do not believe in any
prophet and scripture.
2. Let us take the second important point. The Qur'an forbids
marital relations between Muslims and disbelievers for the reason
that such close relations could become the source of involvement in
Kufr and Shirk. Now this is apparently true of all non-Muslim groups.
Why then, the women from amongst the Ahl al-Kitab (the Jews and
the Christians) have been excluded?
The answer is obvious. The difference the people of the Book have
with Islam is relatively lesser and lighter as compared with other
non-Muslims. Islamic belief is tri-polar, that is, Tauhid (Oneness of

557
Surah Al-Baqarah 2 : 219 - 221
God), Akhirah (Hereafter) and Risalah (Prophethood). Out of these, if
we consider the belief in Akhirah, even the Jews and Christians from
amongst the people of the Book agree with Muslims in accordance
with their original faith, wherein, very similarly, it is kufr (infidelity)
even in their original faith to attribute partners with God. That the
Christians, in their love for Sayyidna 'Isa >JILL, and in their
over-enthusiasm towards respecting him, entered the borders of Shirk,
is a different matter.
Now the basic difference that remains is that they do not believe in
Muhammad as His Messenger . In Islam, this belief is cardinal.
Without it, no one can become a true Muslim. However, the fact
remains that the difference the people of the Book have is lesser and
lighter as compared with other non-Muslim groups. Therefore, the
danger of corruptibility is not that great here.
3. A question may be raised here that the difference between the
people of the Book having been declared lighter, it was made
permissible for Muslim men to marry their women. So the converse of
this proposition, that is, the marriage of Muslim women with
non-Muslim people of the Book, should also be permissible. But a little
reflection will be sufficient to establish the basic difference between
the two situations. Women are somewhat weaker by nature. Then the
husband has been given a controlling and care-taking role. So the
likelihood of a woman being impressed by his beliefs and views is not
that remote. Therefore, should a Muslim woman stay in a marriage
relationship with a non-Muslim Kitabi, (Christian or Jew) the chances
of her belief being spoiled are strong.
Contrary to this, should a non-Muslim Kitabi woman (Jew or
Christian) live married to a Muslim man, it is unlikely in principle
that her ideas will impress the husband. Is someone takes to a
converse position in total disregard of the normal principles and falls
prey to his wife's instigation, it will be because of his own fault.
4. Let us clarify another doubt which may be raised here. The
marital relations may influence both the parties equally. Therefore, if
there is an apprehension that a Muslim spouse will be influenced by
his or her counterpart in the matter of faith, there is also a counter
possibility that the non-Muslim spouse will be influenced by his or her

558
:
Surah Al-Baqarah 2 : 219 - 221
Muslim spouse, whereupon he or she will embrace Islam. Both
possibilities being equally open, the marital relations between
Muslims and non-Muslims should not have been prohibited.
But the wisdom behind this prohibition is that where the danger of
a harm and the hope of a benefit are equally applicable, then the rea-
sonable attitude will be to pay more attention to preventing harm than
عقلمند ترياق بيقين :to seeking benefit. There is a well-known Persian saying
i.e. A wise man does not eat the antedote with certainty وزهر بكما نخورد
and the poison with doubt. On the basis of this principle, the hope of
the non-Muslim spouse embracing Islam has been ignored, and the ap-
prehension of a Muslim spouse being impressed by the anti-Islamic
faith or behaviour has been effectively taken care of.
5. The fifth point worth considering is that the meaning of the per-
mission to Muslim men to marry Jewish and Christian women under
formal nikah (marriage contract) is simply to state that such nikah, if
made, will become valid and the children born out of this wedlock will
be ligitimate. But there are statements in ahadith which prove that
even this nikah is not viewed with favour. The Holy Prophet has
said that a Muslim should seek to marry a woman who fully observes
Islamic faith and conduct -- so that she becomes for him a source of
strength in their joint pursuit of their faith, and their progeny may
have the opportunity to grow up under their care as practising
Muslims. When marriage with a non-practising Muslim woman was
not looked at with favour, how would it become favourable in the case
of some non-Muslim woman? This is why Sayyidna 'Umar al-Faruq
Le Ulg) , on learning that such marriages are finding alarming cur-
rency in Iraq and Syria, stopped these with an executive order which
pointed out that such marital relations cause corruption in Muslim
families both religiously and politically. (Kitab al-Athar-lil-Imam Mu-
hammad). The effect of such marriages in contemporary times when
non-Muslim people of the Book, the Jews and the Christians, have a
record of political deception, political marriages, entry into Muslim
families with persuasion techniques and spying objectives is too obvi-
ous and has been admitted by Christian writers themselves as report-
ed in some details by Major General Akbar in his book, Hadith-e-Difa',

559
Surah Al-Baqarah 2 : 219 - 221
with proper references. It appears that Sayyidna 'Umar as Ul ys, was
virtually looking into the future as it would come to be.
Specially in our days, there is another important reason for
avoiding marital relations with the People of the Book. If the lives of a
majority of contemporary Europeans (and Americans), who are called
Jews and Christians, and are registered as such in their census
records, were researched it will be discovered that an enormous lot of
them have nothing to do with Christianity or Judaism. They are
atheistically irreligious. They do not believe in Sayyidna 'Isa >Jie,
or in the Bible. They do not believe in Sayyidna Musa WILde, or in
the Torah -- not even in God or a Day of Judgment. It is obvious that
such people do not come under the purview of the Qur'anic injunction
permitting marriage (with the people of the Book). Nikah (marriage)
with their women is absolutely haram (unlawful). It is clear that such
people do not qualify for the exception given in the Qur'anic verse :
وَالْمُحْصَنْتُ مِنَ الَّذِيْنَ أُوتُوا الْكِتُبَ
And good women from among those given the Book before you
(marriage with whom is lawful for you).
Therefore, nikah (marriage) with their women, like those of other
non-Muslims, is absolutely haram (unlawful).
Special notes from Bayan al-Qur'an
by Maulana Ashraf 'Ali Thanavi
1. It is not correct to marry women from among the group of people
who, on the basis of their name and identity, are considered from
among the people of the Book but are not proved to be so after a
scrutiny of beliefs. For instance, common people these days take white
westerners to be generally Christians although some of their beliefs
have turned out to be totally atheistic under critical observation. How
can people who do not believe in God, in the prophethood of Jesus
Christ and in the Bible as revealed scripture be Christians?
Marrying a woman from such a group of people is not correct.
Those who marry women from the West without finding out what is
involved therein make a gross mistake.
2. Similarly, it is not correct to give a Muslim woman in marriage
to a man who, in his outward status, is supposed to be a Muslim but
whose beliefs are identical with those of a non-Muslim. And should

560
Surah Al-Baqarah 2 : 222 - 223
such corruption of beliefs occur after having been married, the nikah
or the marriage-contract breaks ipso facto. For instance, a large
number of Muslims, in ignorance of their religion and under the
influence of the so-called 'modern thinking', ruin their beliefs. It is,
therefore, obligatory for the guardians of a girl that they should first
investigate into the beliefs of the proposer before they accept the
proposal.
Verses 222 - 223
وَيَسْتَلُوْنَكَ عَنِ الْمَحِيُضِ قُلُ هُوَ أَذِّىُ قَاعْتَزِلُوا الِّسَآءَ فِى
الْمَحِيُضُِ وَلَا تَقْرَبُوْهُنَّ حَتى يَطْهُرُنَ فَإِذَا تَطَّهَّرْنَ فَأُتُوُهُنَّ مِنْ
حَيْثُ أَمَرَكُمُ اللهُ « إِنَّ اللَّهَ يُحِبُّ التََّابِيْنَ وَيُحِبُّ
الْمُتَطَهِّرِيْنَ ا نِسَاؤُكُمْ حَرْثٌ لَّكُمْ نَاْتُوا حَرْثَكُمْ أَنَّى شِئْتُمْ :
وَقَدِّمُوا لِاَ نْفُسِكُمْ وَاتَّقُوا اللّهَ وَاعْلَمُوْاَ أَنَّكُمْ تُلْقُوُهُ وَبَشْرِ
الْمُؤْمِنِيْنَ 0
And they ask you about menstruation. Say: "It is an
impurity. So, keep away from the women during
menstruation; and do not have intimacy with them
until they are cleansed. But when they are cleansed,
then go unto them from where Allah has commanded
you. Surely Allah loves those who are most repenting,
and loves those who keep themselves pure. Your
women are for you a soil to cultivate. So, come unto
your soil from where you will, and advance something
for yourselves, and fear Allah and know that you are to
meet Him and give good news to the believers." (Verses
222 - 223)
No sexual intercourse during menstruation
The basic purpose of these verses is to declare the prohibition of
having sexual intercourse with a woman in a state of menstruation. If
someone committed sexual intercourse in such a state either
unknowingly or carelessly, he has to make Taubah (repentance). In
this context it has been said in the verse 222 that "Allah loves those
who are most repenting."

561
Surah Al-Baqarah 2 : 224
The verse 223 points out to the lawful ways of having sexual
intercourse with one's woman. The permission of such intercourse has
been subjected to two conditions. Firstly, it should take place at a time
when the woman is pure from her menstruation. Secondly, carnal
intercourse is not allowed at all. This verse begins with a
comprehensive remark: "Your women are for you a soil to cultivate."
Here the woman has been compared with a soil, while the husband
has been compared with a cultivator. This is to indicate that the
sexual intercourse has not been allowed for satisfying the sexual lust
only, but also to make it a valid source for having children. By using
this expression the Holy Qur'an has given a subtle indication to the
prohibition of carnal intercourse, even with one's wife, because it can
never be a productive act, and there is no question of 'cultivation'
therein.
Subject to these two conditions (namely, the purity of the woman
from her menses, and avoiding the carnal intercourse) one can enjoy
whatever way he wishes to have sexual intimacy with his wife. In this
context, it has been said, "Come to your soil from where you will". It
indicates that in so far as the ultimate place (of penetration) is a 'soil'
(which stands for the female vagina which is productive like a soil),
one can elect whatever way he likes to reach this ultimate place. Thus,
lying over the woman or beside her or beneath her, acceding to the
vagina from any side, front or back, sitting or kneeling -- all these and
similar other positions are allowed while performing sexual
intercourse subject to the two conditions mentioned above.
Verse 224
وَلَا تَجْعَلُوا اللّهَ مْرِضَةً لِأَيْمَانِكُمْ أَنْ تَبَرُّوْا وَتَتَّقُوا وَ تُصُلِحُوا
بَيْنَ النَّاسُِ وَالْلُهُ سَمِيْعٌ عَلِيْمٌّ )
And do not make Allah, through your oaths, a barrier
against your doing good, fearing Allah and setting
things right between people. And Allah is All-Hearing,
All-Knowing. (Verse 224)
The Verse warns those who swear in the name of Allah that they
will not do some vituous deeds or that they will not effect a
compromise between two groups. The Verse reminds them that by this

562
Surah Al-Baqarah 2 : 225
behaviour they are using the name of Allah as a barrier against the
good deeds, which is a severe violation of the sanctity of the name of
Allah, and they must avoid it in any case.
Verse 225
لَ يُؤَاخِذُكُمُ اللَّهُ بِالَّلَغْوِ فِىٌّ آَيْمَانِكُمْ وَلَكِنْ ◌ُؤَاخِذُكُمْ بِمَا
كَسَبَتْ قُلُوبُكُمْ، وَاللّهُ غَفُورٌ حَلِيْمَّ ٥
Allah does not hold you accountable for what is
ineffectual in your oaths, but holds you accountable for
what your hearts have caused. And Allah is Forgiving,
Forebearing. (Verse 225)
Note:
The laghw or ineffectual oath has two meanings:
(i) In the first case it means a false oath sworn without volition
over something in the past, or it could have been sworn with volition
while the oath-taker considers it to be true in his supposition. For ex-
ample, guided by his information and supposition, one ends up declar-
ing on oath that a certain person has arrived while that person had
not arrived in reality. Similarly, if someone swears on oath for some-
thing in future unintentionally, while he has been actually wanting to
say something else, but the words of oath come out of his lips mista-
kenly, this type of oath also falls in this category. All these three types
are not an act of sin and that is why they are called laghw or ineffectu-
al. This act will not be reprehensible in the Hereafter (Akhirah). As
compared to this, the oath which has been declared reprehensible is
the one that has been uttered intentionally knowing it to be false. This
is known as ghamus (perjury), and is an act of sin, but according to the
Hanafiyyah, it does not require kaffarah or expiation. Therefore,
laghw, in the sense explained earlier, involves no kaffarah more obvi-
ously, (because it is not a sinful act). The verse under discussion exclu-
sively takes up these two categories that carry no kaffarah.
(ii) Laghw also means that which has no kaffarah. It will be called
as laghw because it does not entail the liability of Kaffarah in this
world.

563
Surah Al-Baqarah 2: 226 - 227
Given this meaning, the word, laghw is inclusive of ghamus, which
being an act of sin, however, does not require kaffarah.
As compared to this, the oath that requires kaffarah is called
mun'aqidah (that which is established, confirmed: fait accompli). For
instance, if someone intentionally declares on oath to the effect that he
or she would or would not perform a certain act, then, acting contrarily
requires kaffarah. (Bayan al-Qur'an)
Verses 226 - 227
لِلَّذِيْنَ يُؤْلُوْنَ مِنْ نِسَائِهِمْ تَرَتُّصُ اَرُبَعَةٍ أَشْهُرْ فَإِنْ فَامُوا فَإِنَّ
اللّهَ غَفُورٌ رَّحِيْمَّ ا وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِنْعٌ
عَلِيمٌ(١)
Those who swear to abstain from their wives have four
months of waiting. Therefore, if they revert back, Allah
is Most-Forgiving, Very-Merciful. And if they resolve to
divorce, Allah is All-Hearing, All-Knowing. (Verses 226
- 227)
Note:
If someone takes an oath that he will not have sexual intercourse
with his wife, the case has four situations:
(A) No time-limit was fixed.
(B) A time-limit of four months was fixed.
(C) A time-limit of more than four months was fixed.
(D) The limit was identified as less than four months.
So, situations A, B and C are termed in Shari'ah as 'Ila' (~Jul). The
injunction covering these situations is: If the oath-taker breaks his
oath within four months and resumes sexual intercourse with his wife,
he will have to come up with kaffarah for his oath while his nikah
(marriage) remains intact. And should it be that the time-limit of four
months did expire and the oath-taker did not break his oath, an
irrevocable divorce on his wife will become effective, that is, taking her
back without remarriage does not remain correct any more. However,
if they, by mutual consent, enter into marriage this will be correct.
Halalah (an intermediary marriage of the woman with a third person)
is not required. The injunction in the fourth situation is: If the oath is