النص المفهرس

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Literally, the Arabic word 'Sabr' means 'to hold' or 'to tie'. In the
terminology of the Qur'an and Sunnah, Sabr' is the effort made to
control and defend one's slippery self against what is temperamentally
unpleasing. This 'Sabr' (roughly translated as 'patience' for want of an
exact equivalent) takes three forms:
1. Patience with Duties: It means that everything commanded by
Almighty Allah and His Messenger must be obediently pursued, no
matter how burdensome the adherence to them may appear to be. The
aim is to keep one's self almost rivetted to carry out injunctions
despite hinderances.
2. Patience against Sins: It means holding the desiring self back
from whatever has been prohibited by Allah and His Messenger, no
matter how desirable and appealing it may be.
3. Patience in Distress: It means enduring in hardship and
forbearing in pain and avoiding excessive anxiety. Such patience
requires that all pain and comfort be taken to have come from Allah
and from this realization comes the strength to keep one's self under
control.
The word, 'Musabarah' is a derivation from Sabr. It means staying
firm and steadfast against the enemy.
The word, 'Murabatah' comes from 'Rabt'. Root-wise, it means 'to
tie' and it is for this reason that 'Ribat' and 'Murabatah' are taken to
mean 'to tie horses' and 'get ready for war'. The Holy Qur'an has used
'Ribat' in JAIL4, 35 (of trained horses - 8:60) in that very sense.
However, in the terminology of the Qur'an and Hadith, this word has
been used in two senses:
1. To secure Islamic frontiers for which it is necessary to be armed
with military hardware, conventional or modern, so that the enemy
abstains from venturing against Islamic frontiers.
2. To be so observant of and bound by making Salah with Jama'ah
that one starts looking forward to making the next Salah soon after
having performed one.

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Both these are highly acclaimed acts of worship in Islam. Out of
their numerous merits, some are being given below:
Ribat: The Guarding of Islamic Frontiers
Staying along the Islamic frontiers to guard the area in battle-
ready condition is known as 'Ribat' and 'Murabatah'. It takes two
forms. Firstly, there may be no danger of war breaking out, the border
is secure and the duty is limited to being vigilant enough to ward off
any impending threat. Under such condition, it is quite permissible for
those on duty to start living there with their families and earn their
living through farming or some such occupation. Under this condition,
if the real intention is to guard and defend Islamic borders and living
and earning there remains subservient to this intention, this person
will get the reward for 'staying in the way of Allah' (1 ) }; bb), even
if he never fights. But, anyone whose real intention is not to guard and
defend Islamic frontiers but would simply be there to eke out a living -
even if he gets the chance of guarding the borders casually - this
person will not be considered as 'one who stays in the way of Allah'.
The other eventuality may be that the border is threatened by possible
enemy attack. Under such condition, keeping women and children
close by is not correct; only those who can fight against the enemy
should live there. (Qurtubi)
There are countless merits in both these cases. In the Şahin of al-
Bukhari, it has been reported from Sayyidna Sahl ibn Sa'd Sa'adi that
the Holy Prophet صلى الله عليه وسلم said: Ribat for a day in the way of Allah
is better than whatever there is in the whole world. In the Sahi of
Muslim, it has been reported from Sayyidna Salman that the Holy
Prophet صلى الله عليه وسلم said: Ribat for a day and night is better than
fasting for a whole month and standing in prayers for the entire night.
Should one die in that state. the daily reward for his act of staying in
the way of Allah will continue to reach him for ever. His sustenance
will keep coming from Almighty Allah and he will stay protected
against the Satan.
Abu Dawud reports from Fudalah ibn 'Ubayd that the Holy Prophet

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said: The roster of deeds credited to the person who dies صلى الله عليه وسلم
ends with his death except in the case of a Murabit (one who stays in
the way of Allah) whose roster of good deeds goes on multiplying right
through to the Day of Judgment and he remains covered against (the
fear of punishment) on account of the scrutiny of deeds in his grave.
These narrations indicate that the act of staying in the way of
Allah (Ribat) is superior even to every charity the benefit of which
keeps going on and on (Sadaqah Jariyah). This is because the reward
for charity the benefits of which continue lasts only upto the time
people keep benefiting from the endowment of house, land, book or
library. Once this benefit stops reaching people, the incumbent reward
also stops. But, the reward of the person who stays in the way of Allah
is not going to stop until the Day of Judgment. The reason is that
Muslims as a community can continue doing what is good only when
they are well-protected against enemy attacks. Thus, the act of a
person who stays on to defend Islamic frontiers becomes the cause of
good deeds performed by all Muslim in a peaceful setting. Therefore,
the reward of such Ribat fi sabilillah (staying in the way of Allah) will
continue until the Day of Judgment. In addition to that, the reward for
whatever other good deeds he used to do during his life in the world
will continue without his having to actually do them. This is as it
appears in ibn Majah in an authentic narration from Sayyidna Abu
Hurairah where he reports that the Holy Prophet i said:
من مات مرابطا فى سبيل الله اجرى عليه اجر عمله الصالح الذى كان
يعمله واجرى عليه رزقه وامن من الفتان وبعثه الله يوم القيمة امنا من
الفزع (تفسير القرطبى)
One who dies in a state of Ribat in the way of Allah, the
reward of whatever good he used to do in his mortal life will
continue and so will his sustenance and he will stay protected
against Satan and Allah will raise him on the Day of Qiyamah
free from fear. (Tafsir al-Qurțubi)
The merits mentioned in this narration are subject to the condition
that the person meets his death while staying on the border to guard
Islamic frontiers. But, there are other reports which indicate that his

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post-death reward will still continue even if he were to return alive
back to his family.
Sayyidna Ubayy ibn Ka'b narrates that the Holy Prophet said:
The reward for sincerely guarding the weak border area of Muslims
for one day, other than those of Ramadan, is superior to the reward for
continuous fasting and nightly worship for one hundred years. Ribat
for one day in Ramadan is superior to fasting and nightly worship for
one thousand years (the narrator has expressed some doubt about the
later). Then, he said: If Allah sends him back to his family in good
health, no sin will be recorded in his name for a thousand years while
good deeds will continue to be entered in his roster and the reward for
his act of having stayed at the border to defend Islamic frontiers will
keep coming to him until the Day of Judgment (Qurtubi).
Offering Salah with Jama'ah and waiting for the next is also
'staying in the way of Allah'
Sayyidna Abu Salaman ibn 'Abdur-Rahman narrates that the Holy
Prophet صلى الله عليه وسلم said: I tell you something because of which
Almighty Allah would forgive your sins and raise your spiritual status.
These are: Making Wu du precisely and perfectly despite chilly weather
or pain or wound because of which the washing of body parts that
must be washed while making wudu may appear to be hard to do; and
going to the Masjid time and again more than often; and waiting to
make the next Salah following the one already made. Then, he said: SJi
LuJI ; For you, this is the Ribat (staying to guard Islamic frontiers in
the way of Allah).
After having reported this hadith, Imam al-Qurtubi has said that in
. the light of this hadith it can be hoped that a person who adheres to
the practice of waiting between two prayers with congregation will
receive the reward which has been mentioned in ahadith for Ribat in
the way of Allah.
Special Note:
In this verse, Muslims have been instructed to remain patient
which is possible any time under all conditions. Relevant details have

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appeared earlier. The second instruction given is to be more patient
than others which is to be demonstrated while fighting disbelievers.
The third instruction relates to a situation when an armed conflict
with disbelievers is likely and there is the danger that fighting may
erupt anytime. Finally comes the instruction to observe Taqwa (fear of
Allah) which is the essence of everything one does and on which
depends the Divine acceptance of what has been done. This set of
instructions is the sum of almost all injunctions of the Shari'ah. May
Almighty Allah give all of us the best of ability to act in accordance
with these instructions.
The Commentary on
Surah 'Al-'Imran ends here.

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Surah Al-Nisa' 4 : 1-2
Surah Al-Nisa'
Verses 1 - 2
بِسمِ اللهِ التَّحْمِنِ الرَّحِيمِ
بَيُّهَا الَّاسُ أَتَّعُوا رَبَّكُمُ الَّذِى خَلَقَكُمْ مِنُ نَّفْسٍ وَاحِدَةٍ وَخَلَقَ
مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيْرًا وَّ نِسَاءٌ وَاتَّقُوا اللهَ
الَّذِيُ تَسَّ عُونَ بِهِ وَالْآَرْحَامَ، إِنَّ اللّهَ كَانَ عَلَيْكُمُ رَقِئْبًّا(١)
وَأْتُوا الْيَخْمِى أَهُوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبَيْثَ بِالطَّبِ وَلَ
تَأْكُلُواْ آَهُوَالَهُمْ إِلَّى آَمُوَالِكُمُ، إِنَّهْ كَانَ حُبًا كِبِيْرًا ﴿٢﴾
With the name of Allah, The All-Merciful, the Very-Merciful.
O men, fear your Lord who created you from a single
soul, and from it created its match, and spread from
the two, many men and women. And fear Allah in
whose name you ask each other (for your rights), and
surely, Allah is watchful over you. [1] And give the
orphans their property, and do not substitute what is
bad for what is good, and do not eat up their property
alongwith your own. It is, surely, a great sin. [2]
Sequence
The last verse of Surah 'Al-'Imran was concluded with an exhorta-
tion to Taqwa, the fear of Allah. The present Surah begins with Taqwa
in the mode of command. The previous Surah mentioned some battles,
described the manner of treating antagonists, condemned misappro-
priation in battle spoils and took up several other matters. In the
earlier part of the present Surah, there are injunctions about rights
related to one's own people which must be fulfilled while living and
inter-acting with them, such as, the rights of orphans, relatives and
wives (known as Huququl-'Ibad: the rights of the servants of Allah).
But, there are some rights which are justiciable, that is, their fulfill-
ment can be enforced through law, like common transactions of buying
and selling. The rights involved in lease, tenancy and wages can be

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settled through mutual agreements and arbitration; should a party
fall short in fulfilling settled rights, these can be legally retrieved and
enforced. But, the fulfillment of the rights of those in one's own charge
- children, parents, husband and wife, and orphans - and the rights of
other relatives which fall on each other - all depend upon civilized
behaviour, respect, loving and caring, and above all on that genuinely
heart-felt desire to do what is good for them. These are behaviour
patterns which cannot be weighed on a scale of things. That they be
determined fully and perfectly through mutual agreements is also
much too difficult. Therefore, there is just no other method of their
fulfillment except having the fear of Allah and the fear of what would
happen in the life to come. This is known as Taqwa and the truth of
the matter is that this power of Taqwa is more effective than the
combined powers of government and law. Hence, the Surah opens with
the command of Taqwa when it says :ْكَيُّهَا النَّاسُ اتَّقُوا رَبّكُم (O men, fear your
Lord).
The word, 'ittaqu' translated here as 'fear' means 'fear acting
against your Lord' which perhaps is the reason why the Holy
Prophet صلى الله عليه وسلم used to recite this verse as part of his address
while solemnizing a marriage. Therefore, reciting it in the Khutbah of
Nikah is a perenniel revival of the Sunnah. Here, the form of address
in the verse is worth attention. It says: 2G GU (O men) which includes
all human beings, men or women, and whether they are present at the
time of the revelation of the Qur'an or shall continue to be born right
through to the Day of Doom. Then, alongwith the command of 'ittaqu'
(fear) the word used is 'Rabb' (Lord) which has been selected out of the
most fair names of Allah. This is to point out that the fear of Allah so
enjoined has a justification and wisdom of its own. The Being totally
responsible for man's nurture the manifestations of Whose Lord-
worthiness he witnesses every moment of his life, certainly deserves
all the awe one is capable of. The very thought that anyone could rise
in antagonism and defiance against Allah is terribly dangerous.
Immediately after, the text brings into focus the most exalted
majesty of the Lord by saying that He created human beings, all of
them, in His wisdom and mercy. Here it was quite possible to create
and cause to be present, whatever it was to be, in more than one way.

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But, He chose to have one way and one form, a very particular one,
when he created all human beings from the one and only human
being, that is, Sayyidna Adam W JI ule , and thus it was that He tied all
of them in a strong bond of brotherhood. So, it is not only the fear of
Allah and the fear of Akhirah (Hereafter) which demand man's alle-
giance to the Lord of all creation, but this bond of brotherhood between
human beings also requires that rights of humanity - of mutual
sympathy, well-being and collective good - be fully discharged. And
between man and man, let there be no one high or low in race or caste,
in colour or language, and that all such distinctions be never made the
criterion of good or bad, nobility or meanness. Therefore, it was said:
meaning 'who has الَّذِيُ خَلَقَكُمْ مِنُ نَفْسٍ وَاحِدَةٍ وَّ خَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَفِيْرًا وَّرِسَاءً
created you from a single soul (that is, Sayyidna Adam >JI Le who is
the father of all human beings), and from it created its match (that is,
his wife, Hawwa' (Eve), and spread from the two, many men and
women (in the world)'.
In short, this verse serves as an introduction to injunctions which
are going to appear in this Surah. The purpose here is to dissuade
human beings from becoming the usurpers of Divine rights, while at
the same time, by telling them that they all are the children of the
same father, the wonderful humane dimension of love, mutual
sympathy and concern was given as the working hypothesis of
common living, so that the mutual rights of relatives, orphans and
married couples could be fulfilled right from the heart at the very
grass-root level.
Towards the end of verse 1, the exhortation to fear Allah has been
beamed at man from yet another angle. Is'nt it that man demands his
rights from others in the name of Allah and exacts what he wants from
them? It means that one who expects others to fear Allah should do
that himself as well. The last word, wal-arham, is there to warn that
any shortcoming in taking good care of near relations, whether from
the side of one's father or mother, should be avoided.
The second verse emphasizes the rights of orphaned children and
establishes rules to protect their property.
The commentary which follows takes up the last two aspects of
near relations and orphans in some detail.

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Commentary
Treating Near Relations Well:
The word, 'al-arham' in verse 1 is the plural of rahim. Rahim is
womb. The womb of the mother is the home of the child until born.
Since this womb is the source of blood relationship, the act of main-
taining relations in that line is called silatur-rahim in Arabic (literally,
umbilical link or bond or relationship). The converse of it, that is,
showing carelessness and indifference towards natural linkage based
on blood relationship is identified as qat'-al-rahim (literally, umbilical
delinkage, meaning cutting off relationship with one's kin).
The noble ahadith have laid great emphasis on bonds of kinship.
The Holy Prophet صلى الله عليه وسلم has said:
من احب ان يبسط له فى رزقه وينسأ له فى أثره فليصل رحمه
Whoever likes to have his livelihood made plentiful and his
age extended for him should maintain good relations with his
near of kin. (Mishkat, p. 419)
This hadith tells us about two benefits that issue forth from
treating near relations well. The merit of the Hereafter vouchsafed,
this fair treatment of one's kin has its benefits in this life as well, that
is, it removes straightenings from his livelihood and blesses his age
with more good years.
Sayyidna 'Abdullah ibn Salam ala, says: When the Holy
Prophet صلى الله عليه وسلم came to Madinah al-Tayyibah and I presented
myself before him, the very first words from him which fell into my
ears were:
يا ايها الناس أفشوا السلام واطعموا الطعام وصلوا الأرحام، وصلوا
بالليل والناس ينام، تدخلوا الجنة بسلام
O men, make a practice of greeting each other with salam, and
feed people (for the pleasure of Allah), and treat near rela-
tions well, and pray by night while people sleep - you will
enter Paradise in peace. (Mishkat, p. 108)
In another hadith, it has been reported that Ummul-Mu'minin (the
Mother of the Faithful) Sayyidah Maymuna Que July», had freed her
bond woman. When she told the Holy Prophet صلى الله عليه وسلم about it, he
said:

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لواعطيتها اخوالك كان أعظم لاجرك
Had you given her to your maternal uncle, your reward would
have been greater. (Mishkāt, p. 171)
Although, Islam motivates people to free slaves and rates it as one
of the finest acts of merit, yet the status of treating relatives fairly has
been given more importance. There is another narration on the same
subject in which the Holy Prophet صلى الله عليه وسلم has been reported to
have said:
الصدقة على المسكين صدقة وهى على ذى الرحم ثنتان + صدقة وصلة
Charity to the needy is just charity, while to a near relative it
becomes two fold: charity and kinship. (Mishkat, p. 171)
Hence, a simple change in the end-use of charity yields two types of
merits.
As opposed to this there is the attitude of cold-shouldering or
severing of blood relationships. How stern are the warnings given in
hadith reports against this can be imagined from the following two
ahadith:
The Holy Prophet صلى الله عليه وسلم said:
(١) لا يدخل الجنّة قاطعٌ
1. A breaker of (blood) relationships shall not enter Paradise.
(Mishkat, p. 419)
(٢) لا تنزل الرحمة على قوم فيه قاطع رحم
2. Mercy shall not descend upon a people among whom there
is a breaker of (blood) relationships. (Mishkat, p. 420)
إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا :The statement in the last sentence of this verse
(and surely, Allah is watchful over you) motivates human hearts to
fulfil rights as and when they are due because Divine watchfulness
implies awareness of whatever there is in human hearts - intentions,
scruples, motives - everything. Doing things half-heartedly, formally,
or for fear of possible embarrassment, without any genuine desire to
serve, shall remain acts unacceptable to Allah. Incidentally, from here
we find out why Allah should be feared - because He is watchful over
everyone, always. As pointed out elsewhere too, this is typical of the

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usual style of the Holy Qur'an when it does not introduce laws in sheer
cold print like the laws of the governments of this world, but puts
them forth in the manner of education, training and affection by not
restricting itself to the word of law alone, but by combining it with the
grooming of minds and hearts as well.
The Rights of the Orphans and the Protection of Their
Property:
The first verse stressed upon the care and concern for kinship in an
absolute sense. Then came the general emphasis on the fulfillment of
rights that issue forth from it. Now, the second verse carries the
command to protect the properties of the orphans, as well as the prohi-
bition of any misappropriation therein because the guardian of an
orphaned child is usually one of his relatives. Therefore, this too has a
bearing on the fulfillment of the rights of kinship.
The word, 'al-yatama' in the first sentence of verse 2: 4131 15 35
(And give the orphans their property), is the plural of al-yatim (the
orphan). Literally, it means the lone or the unique. Therefore, a pearl
that resides in its shell all alone is called Ad-Durr al-Yatim (literally,
'the orphan-pearl'). In the terminology of Islamic law, a yatim is a child
whose father has died. Incidentally, among animals, a yatim is an
offspring whose mother has died (Qamus). When a child attains
maturity, that is, becomes pubert, he is no more referred to as yatim in
the terminology of Islamic law as it has been clarified in a hadith
which says: ly that is, 'Orphanhood ends with puberty'.
(Mishkat, p. 284)
If orphaned children have property, either gifted to them or
received by them through someone's inheritance, then, the responsi-
bility of protecting this property, as well as the orphan himself, falls
on the shoulders of the person who is the guardian of the orphan. It
does not matter whether the guardian of the orphan was appointed by
the father of the orphan himself before his death, or by the govern-
ment. It is part of the guardian's duty that he should certainly cover
all costs incurred on the necessary maintenance of the orphan from
what he owns, but he should not give what the orphan owns into his
possession before he has reached the age of maturity because he, being
an immature minor, may lose it somewhere. So, the statement: 'give

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the orphans their property', in this verse, has been clarified a little
later in verse 5 where it has been said that the property of the orphans
should be given to them after it is certain that they have become
mature and do have the ability to distinguish between what is good for
them and what is not.
Therefore, the meaning of 'give the orphans their property' in this
verse should be taken in the sense of protecting their property so that
it could be given to them at its appropriate time. Furthermore, there is
a clear hint in this sentence towards the extent to which the guardian
of the orphan is responsible for his welfare. It is being said here that
his responsibility is not limited to just that he himself refrains from
eating up or squandering the property of the orphan, but it is also an
integral part of his duties that he should do everything possible to
protect, guard and conserve the property in the best of state, capable
of being handed over to him when mature.
The second sentence : ◌ِوَلاَ تَتَبُّكَّلُوا الْخَبِيْثَ بِالطَّيِّب prohibits the substitution of
bad things for the good ones. There were people who would let the
number of things owned by the orphan stay unaltered, but would take
something good from there and substitute it with something bad they
themselves had. For example, swapping a lean goat for a healthy one,
a bad coin for a good one, and things like that. Since, this too is a
breach of trust in respect of the property of the orphan, and in the
event that someone driven by his naughty self comes up with the
excuse that he has not 'taken' what belonged to the orphan, he has
rather 'exchanged' it. So, the Holy Qur'an has forbidden it explicitly.
Now, this forbiddance not only covers the substitution of one's bad
things for the orphan's good things, but it also covers any attempt by
the guardian to enter into any deal with some other person which
results in a loss for the orphaned child.
The third sentence: ◌ْوَلَا تَأْكُلُوا أَهْوَالَهُمْ اللَّ امُوالِكُم (and do not eat up their
property alongwith your own) obviously aims to forbid the eating up of
the orphan's property through impermissible methods whether it is
consumed from the jointly-held property of the guardian and the
orphan, or that it is held separately and consumed from there. But,
the general practice is that the guardian would hold what belongs to
the orphan with his own personal holdings, would himself consume

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out of there and let the orphan do the same. Since no separate
accounting is involved here, even a religiously observing Muslim may
fall into thinking that there was no sin in doing so. It was for this
particular reason that the prohibition of consuming what belongs to
the orphan by pooling it with one's own was mentioned here and
warning was given to either keep the property of the orphan abso-
lutely separate and spend from it separately so that there remains no
danger of any excess; or should one elect to have a joint-expense
system, then, the accounts maintained should be so clear that one can
be sure of not having spent anything belonging to the orphan on his
own person or in his interest. A detailed explanation of this has
already appeared in 2:220) وَاللهُ يَعْلَمُ الْفُسِدَ مِنَ المُصُلح) - Section 27 of Surah al-
Baqarah, Volume 1 of this commentary.
The style of expression here gives a hint that those who misappro-
priate the property of orphans are generally the people who have prop-
erties of their own as well. So, it is by implication that such people
have been reproached for stooping down to eat up the property of the
orphans unlawfully while they have their own lawful belongings at
hand - a shameful act indeed.
It will be noted that verse (2) mentions the prohibition of "eating"
the property of the orphan because "eating" is one of the major end-
uses of what one possesses. But, in common usage, every act of using
up, consuming and exhausting is referred to as "eating up" - whether
this be by 'using' or by 'eating'. The expression, "la ta'kulu" (do not eat
up) in the Holy Qur'an carries this very sense of the usage, included in
which are all sorts of impermissible uses. Therefore, spending
anything from the property of the orphan unlawfully by any means
whatsoever is absolutely haram (forbidden).
The verse ends with the admonition, tas up' 56 L) (It is, surely, a
great sin.) Here, the word 'hub', as said by Sayyidna ibn 'Abbas, comes
from the Ethiopean language. It means: 'major sin'. It is used in Arabic
for the same meaning. The sense is that any unlawful appropriation or
use of the orphan's property, be it because of lack of supervision or
substitution of something bad for something good or because of
consuming the orphan's assets as mixed up with one's own, is a great
sin after all.

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Surah Al-Nisa' 4 : 3
The stern warning to those who eat up the property of an orphan
appears later towards the end of this section (4:10).
Verse 3
وَإِنْ خِفْتُمْ آَلَّ تُقْسِطُوا فِى الْيَتْمَى فَانْكِكُوا مَا طَابَ لَكُمُ
مِّنَ النِّسَاءِ مَثْنَى وَثُلثَ وَرُبِعَ، فَإِنْ خِفْهُمْ آَلَّ تَعْدِلُوا فَوَاحِدَةً
اوُمَا مَلَكَتْ آَيْمَانُكُمْ ذُلِكَ آَدُنِى الَّ تَعُوُلُوا ﴿٣﴾
And if your fear that you will not do justice to the
orphan, then, marry the women you like, in twos, in
threes and in fours. But, if you fear that you will not
maintain equity, then (keep to) one woman, or a bond-
woman you own. It will be closer to your not doing
injustice. [3]
Sequence
In the previous verse, guardians were warned against pilferage or
misappropriation in the property of orphans. The present verse is an
extension of the basic command from another angle. Here they are
warned against any attempt to marry orphaned girls under their guar-
dianship hoping to get away by fixing a dower of their choice and
claiming their properties as additional benefit.
So, the Holy Qur'an has very clearly declared that every excuse,
device or strategem set up to usurp the property of the orphan is
impermissible. It is the duty of the guardians that they should protect
the rights of the orphans honestly.
Commentary
Orphaned girls: Violation of their rights and its prevention:
During Jahiliyyah guardians holding orphaned girls under their
charge used to pick up the ones who had good looks or owned proper-
ties of value and marry them or arranged to have them married to
their sons. They would fix the dower of their choice, usually the lowest,
and maintained them in whatever manner they elected for they were
the very guardians and caretakers for them. Their fathers were not
there to take care of their rights who would have certainly given them
in marriage to a suitable person after full deliberation on all aspects a
daughter faces in married life and would have made sure that they

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remain happy al. 1 well-covered.
There is a narration in Şahin al-Bukhari from Sayyidah 'A'ishah
La Jlyo, which reports that an incident of this nature came to pass
during the blessed time of the Holy Prophet صلى الله عليه وسلم . There was
someone who had an orphaned girl under his guardianship. He had a
fruit-farm in which this girl held a share. This man married the
orphaned girl and, rather than give her dower and things from his
pocket, took her very share in the farm in his possession. Thereupon,
the following verse was revealed:
وَإِنْ خِفْتُمُ الَّ تُقْسِطُؤْا فِى الْيَتْمِى فَانْكِحُوا مَا طَابَ لَكُمُ مِنَ النِّسَاءِ
And if you fear that you will not do justice to the orphans,
then marry the women you like ...
It means that if you apprehend that after marrying a girl under
your guardianship, you cannot do justice to her, then, instead of
marrying her, you should marry other women of your choice.
The Marriage of Minors
The word, 'yatam a' in this verse means orphaned girls. In the
terminology of the Shari'ah, a 'yatim' is a boy or girl who has not yet
attained the age of puberty. So, this verse proves that the guardian of
an orphaned girl does have the right to give her in marriage while she
is a minor and has not attained the age of puberty, but on condition
that this decision is based on wisdom and the future welfare of the
girl. This is to avoid unfair practices common in some communities
where a grown up girl is married to a child without any regard for the
difference in their ages or without any investigation into the living
conditions or character of the boy.
The orphaned girls who have attained the age of puberty are, no
doubt, entitled to choose their husbands freely on the basis of their
majority. Nevertheless, girls (in traditionally Islamic societies) tend to
be modest and shy and usually would not come out strong or freely
express their opinions in matters relating to their marriage inspite of
being major and having the right to choose. As a result, they are likely
to accept what their guardians do for them in good faith. If so, it is the
bounden duty of guardians that they too should stay clear from taking
any step that may violate the rights of orphaned girls.

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In short, this verse lays down the injunction that total vigilance
should be observed to make sure that the marital rights of orphaned
girls are not violated in any manner whatsoever. However, the respon-
sibility of enforcing this injunction ha. not been directly placed on the
shoulders of the government as is usual with laws promulgated by
governments. Instead of that, people themselves have been
commanded to fear Allah and do what is right. That is, should they
apprehend injustice in marrying orphaned girls, they must cast off the
idea and marry elsewhere from a wide range of choices available.
Added to this Divine motivation to abide by prescribed law is the
responsibility placed on its enforcing agencies in the government. It is
their duty to oversee that there occurs no such violation of rights in
the society. If it does, they must use the force of law to ensure that
these rights are fulfilled as due.
Polygamy and its currency before Islam
That one man could have more than one wife was something
considered permissible in all religions of the world even before the
advent of Islam. The custom prevailed in Arabia, India, Iran, Egypt,
Babylon and among peoples elsewhere. Its natural validity cannot be
denied even to this day. The Europeans of the present age tried to
break away from the practice of their predecessors and made multi-
plicity of marriage impermissible. It resulted in the multiplicity of
concubines and girl-friends retained out of wedlock. It was the validity
of the natural that there has been a consistent opinion bank in the
West (though not so effective) which recognizes the efficacy of plurality
of marriage. Davenport, the well-known Christian writer has deduced
from the Bible that plurality of wives is not only favourable but is a
source of blessing from God. Others such as Father Nixon, John Milton
and Isac Taylor have supported this view strongly. Similarly, Vedic
teachings permit unlimited number of wives, even in tens and thir-
teens and twenty sevens, at one time. Shri Krishna, a highly respected
deity among Hindus, had hundreds of wives.
The truth of the matter is that a religion or law which aims to
establish an infra-structure of chastity and modesty and considers the
eradication of adultery as necessary has no way out except that it
permits plurality of wives. Apart from being a preventive measure

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Surah Al-Nisa' 4 : 3
against adultery, it serves as a remedial approach to the problem of
comparatively larger female population in some areas as compared to
that of men. If such permission was not granted, mistresses and pros-
titutes will proliferate. This is why nations which do not permit
plurality of wives must live in rampant adultery (calling it 'free sex'
hardly changes the reality). Even in our own time, if we look at the
state of nations in Europe and America, we will see that they look
down on what they call polygamy and put a ban on plurality of wives,
but they permit a man to practice adultery with as many women as he
can get under the cover of 'friendship', (and unlimited are the euphi-
misms invented to give it other names, such as, 'relationship', 'affair',
'consenting adults', 'union', 'partner' to get around the ban). Saying no
to marriage and yes to adultery is certainly very strange!
To be short, we can say that the custom of taking a large number of
wives was prevailing before Islam without any imposition of limits.
The history of nations and beliefs shows that no religion or law had
drawn a line in this matter, neither the Jews and Christians, nor the
Hindus and Aryans or the Zoarastrians.
During the early period of Islam, this custom continued without
being limited. As a result, people initially took too many wives to
satisfy their greed. Later on they could not do justice to all of them and
these wives of theirs lived like prisoners bound in the chains of
marriage. Under such conditions, the idea of an equitable treatment of
wives was practically non-existant. It was all a matter of personal
choice or whim which could make the darling of the day a history of
tomorrow. The concern for standing rights was a far cry.
It was the Holy Qur'an which stopped this great injustice
prevailing in the human society at large. It restricted the plurality or
multiplicity of wives by declaring that keeping more than four women
under the bond of marriage was forbidden (haram). In addition to that,
stern warning was given against any contravention of the Divine
command which emphatically demanded that equality in fulfilling the
rights of women taken into the bond of marriage at the same time
must be maintained faithfully. The words of the verse are:
فَانْكُِّوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَتُلُثَ وَرُلعَ

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The expression cu": 'ma taba' in this verse, as explained by
Hasan al-Basri, Ibn Jubair and Ibn Malik, may the mercy of Allah be
upon them, means jeu : 'ma halla', that is, women who are lawful for
you.
There are others who, taking the literal meaning of 'ma taba', have
explained it to mean, 'whom you like'. But, there is no contradiction
here. It could simply mean, 'women you like out of your natural incli-
nation and that they be lawful for you in terms of the Shari'ah as well.'
On the one hand, permission has been given in this verse that
more than one wife can be conjoined in marriage in twos, threes or
fours; while, on the other, after having taken the number to four,
restriction was placed that more than four women cannot be taken in
marriage at one given time.
This particular restriction of the Holy Qur'an was made much
more clear by a ruling given by the Holy Prophet صلى الله عليه وسلم .It has
been reported that, soon after the revelation of this verse a person by
the name of Ghailan ibn Aslamah al-Thaqafi embraced Islam. At that
time, he had ten wives who had also embraced Islam. Pursuant to the
Qur anic injunction, the Holy Prophet صلى الله عليه وسلم asked him to select
and retain four and release the rest by giving them divorce. Ghailan
ibn Aslamah al-Thaqafi obeyed the command, retained four women
and severed his marital link with the rest (Mishkat, p. 274, with reference to al-
Tirmidhi and Ibn Majah). Citing another incident appearing as a complement
of this very narration in the Musnad of Imam Ahmad will not really be
out of place as it also relates to the rights of women.
According to this report, Ghailan ibn Aslamah had retained four
women in accordance with the rule of Shari'ah, but during the Cali-
phate of Sayyidna 'Umar, Uly+, he divorced them as well and
distributed all his assets among his sons. When Sayyidna 'Umar found
this out, he summoned him and said: "You have done this to deprive
these women from your inheritance which is a gross injustice. So,
revoke the divorce you have given to them right now and take your
assets back from your sons, and if you do not do this, then, beware of a
severe punishment."
Qais ibn al-Harith al-Asadi au Ml +, says: 'When I embraced Islam,

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Surah Al-Nisa' 4 : 3
. صلى اللّه عليه وسلم I had eight wives. I mentioned this to the Holy Prophet
He said: "Keep four of them and divorce the rest." (Abu Dawud, p. 304)
According to a report in Musnad al-Imam al-Shafii, when Sayyidna
Nawfal ibn Mu'awiyah ad-Daylami _ An yo, embraced Islam, he had
five women in his nikah. The Holy Prophet صلى الله عليه وسلم asked him too
to divorce one woman. This incident appears in Mishkat as well (p. 274)
with reference to Sharh al-Sunnah. In short, the blessed practice of the
Holy Prophet صلى الله عليه وسلم and his noble Companions very clearly illus-
trates the meaning of this verse, that is, conjoining more than four
women in the bond of marriage is haram (forbidden).
صلى الله عليه وسلم The Noble Wives of the Holy Prophet
The class of his person and the excellences of his virtues make the
Holy Prophet صلى الله عليه وسلم mercy and blessing personified. The main
purpose of his life in this mortal world was to spread the call of Islam,
purify people and teach the Qur'an. He, by his word and deed, made
the teachings of Islam radiate all over the world. His unique style
shows that he practiced what he taught. As such, there is no depart-
ment of human life which can claim not to need the guidance of a
prophet. So, right from the establishment of congregational prayer to
maintaining good relations with wives, upbringing of children, even to
the purificatory aspects of the human call of nature, there exists a
roster of verbal and practical instructions left by him in the books of
Hadith. They tell us in great details the things he did inside the walls
of his home, how he related to his wives and how he answered ques-
tions posed by women who visited his home for this purpose. Such
questions can be counted in hundreds, questions that highlight the
intermediacy of his blessed wives through whom the Muslim ummah
received necessary guidance. Any other setting for this purpose would
have been hard to bring about. So, this crucial religious need, the need
for education, teaching and propagation made it all the more impera-
tive that the Holy Prophet صلى الله عليه وسلم marry the wives he did. Think
of Sayyidah 'A'ishah \ A ,., . There are some two thousand and ten
narrations reported from her. They cover a wide range of subjects
which includes the explanation of the injunctions of the Holy Qur'an,
religious questions and their answers, morals and manners and the
Sirah of the Prophet of Islam. The narrations reported from Sayyidah

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Umm Salmah tu Uly+ reach upto three hundred and seventy eight.
All these are readily available in books of Hadith. In A'l-mul-
Muwaqqi'in (v.1, p.9), Hafiz Ibn al-Qaiyyim has said: If the fatawa
(religious rulings) of Sayyidah Umm Salmah رضى الله عنها which she gave
after the demise of the Holy Prophet صلى الله عليه وسلم were to be collected
it could become a treatise on its own.
The high rank Sayyidah 'A'ishah Que Uly», has in the narration and
knowledge of Hadith and in jurisprudence and rulings is far too well-
known to repeat here. Her disciples alone come to around two
hundred. She was the beacon light of religious knowledge for an unin-
terrupted period of forty eight long years after the demise of the Holy
Prophet صلى الله عليه وسلم and was highly effective in carrying his mission
forward.
These brief remarks about two blessed wives of the Holy Prophet
-have been given here just to serve as an example, other صلى الله عليه وسلم
wise there are many more hadith narrations originating from others as
well. Obviously, the benefits of such religious teaching and preaching
came through the good offices of these sacred ladies.
That the Prophet of Islam had the most exalted of objectives in
sight, that he came in the golden line of great prophets, and that, as
such, he saw the whole world as a unit and thought about correcting
all human relationships individually, collectively and in families and
in nations are spiritual ideals the modern man, the desire-driven robot
of today, is simply incapable of conceptualizing. The most a he or she
can do is to think of everybody else on his or her own personal analogy.
This chronic malady in the intellectual makeup of the atheists and
orientalists of West has taken them to feeling comfortable in perver-
sity, the end-product of which is their mal-assessment of the otherwise
unchallengable character of the Holy Prophet صلى الله عليه وسلم . According
to their limits of 'civilized' thinking, his many marriages were simply
an expression of his sexual desires (God forbid). To say the least, it can
be said that anyone sane and just can never interpret his marriages to
have issued forth from that source only if he were to even glance at his
life and character.
Right before the eyes of the Quraysh tribe of Makkah, he led a
blame-free life in a way that he, when twenty five, married an aged