النص المفهرس

366
Surah Al-Nisa'
4 : 17-18
So, in the light of this explanation the addition of "min garib"
(shortly thereafter) in this verse serves to indicate that the very life-
span of man is limited in time, and death, which he may think is far
away, may actually be quite near.
"Relenting taken by Allah upon Himself" is a form of promise the
fulfillment of which is certain. Otherwise the truth is that Allah
Almighty does not necessarily owe anything to anyone.
The second verse (18) describes those whose repentance is not
acceptable with Allah, those who fearlessly go on committing sins
throughout their entire lives yet, when death stands on their head and
the withdrawal of their soul is set in motion and the angels of death
start becoming visible, they start offering repentance. How could their
repentance become acceptable when they kept running wild with their
lives and wasted all opportunities of repenting while there was still
time to repent. This is very much like Pharaoh and his people who
called out while drowning that they were ready to believe in the Lord
of Musa (Moses) and Harun (Aaron). Naturally, they were told that
their declaration of faith at that time was of no consequence, because
the time set for it was all over.
The same thing has been pointed out in the last sentence of the
verse which says that Allah also does not accept the repentance of
those who die while they are still disbelievers. What is the worth of a
declaration of faith right in the middle of one's match with death
facing the pangs of the withdrawal of the soul from the body? This
confession or this declaration of faith is out of tune with the time and
quite worthless now as their punishment stands prepared for them.
What is repentance?
After the literal explanation of these two verses, it seems necessary
to define Taubah or repentance and determine its real nature and
status. In his 'Ihya' al-'Ulum, Imam al-Ghazali has identified three
different situations with regard to committing sins:
The first state is that of total sinlessness, that is, no sin has ever
been committed. This is either the hallmark of angels or that of the
prophets, may peace be on them. The second stage of getting involved
in sin comes when one takes the initiative and ventures into sin and
then repeats and persists with it, never feeling ashamed or regretful

367
Surah Al-Nisa' 4 : 17-18
and never thinking of stopping and abandoning it. This is the degree of
the satans and the devils. The third station belongs to human beings,
the children of Adam who, immediately after having committed a sin,
regret it and resolve firmly not to go near it in future.
This tells us that failing to repent after committing a sin is the
style of devils exclusively. Therefore, it is the consensus of the entire
Muslim ummah that Taubah is obligatory. The Holy Qur'an says:
◌َيُّهَا الَّذِيْنَ امَنُوْا ◌ُوْيٌُّّا إِلَى اللَّهِ تَوْبَّةً تَصُوْحًا ﴿ عَى رَبُّكُمْ أَنْ ◌ُكَفِّرَ عَنْكُمْ
سَيِّأْتِكُمْ وَيُدْ خِلَكُمُ جَنْتٍ تَجْرِىٌ مِنْ تَحْتِهَا الْآَنْهُوُ
(O those who believe, repent before Allah, a sincere repen-
tance; may be your Lord removes from you your sins and
admits you to gardens beneath which rivers flow.) (66:8)
How generous is the mercy of our Lord! A man spends a whole life-
time in disobeying Him. Nevertheless, when he repents sincerely
before his death, not only his sins are forgiven, but he receives much
more when he is admitted into the circle of favoured servants of Allah
and made an inheritor of Paradise. .
In a hadith, the Holy Prophet صلى الله عليه وسلم has been reported to
have said : ◌ُالتَّائِهُ حَبِيِ اللهِ وَالتَّائِبُ مِنَ اللَّهُبِ كَمَرُ لَأَفَتِبَ لَه that is, 'one who repents
from sin is loved by Allah and one who has repented from sin is like
one who had never committed a sin.' (Ibn Majah)
According to some narrations, if a servant of Allah repents from a
sin and his repentance finds acceptance with Him, he is not only
absolved from having to account for it, but the very record in writing
posted by the angels is erased out from his book of deeds so that he
may not be disgraced either.
However, what is necessary is that the repentance is genuine and
is offered in sincerity. This repentance stands on three pillars. Firstly,
one should regret over and feel ashamed about what he or she has
done. According to hadith, aganu, that is, 'Taubah is (another name
of) remorse'. Secondly, one should immediately leave off the sin he has
committed and he should, for the future too, firmly resolve to stay
away from it. Thirdly, one should think of making amends for what
has gone by, that is, he should try to take measures to rectify what

368
Surah Al-Nisa' 4 : 17-18
has happened in sin to the best of his ability. For example, if he has
missed a prayer or a fast, he should make up for it by doing what is
known as qada (compensatory worship). If one does not remember the
correct number of such missed prayers and fasts, he should think,
calculate and come to an estimated number and then go on to offer
qada for these in all seriousness. If one finds it impossible to do so all
at one time, he could offer, with each salah due at its time, one qada of
each salah he missed throughout his life, which is commonly known as
'umri gada. In the same way, one should do his best to make up, as and
when convenient, for obligatory fasts he missed by offering qada fasts.
May be one has not paid the obligatory zakah due on him; he should,
then pay the zakah due on him for previous years as well, paying it all
or paying it gradually. God forbid, if one has usurped someone's right,
he should return it back to him and if he has hurt someone, he should
seek his forgiveness. But, should it be that one does not regret what he
has done, or, despite being regretful, he does not leave off that sin for
future, then, this repentance is no repentance even though it may be
said a thousand times, as so delightfully put in verse by a Persian
poet:
توبه برلب سببحه برکف دل پراز ذوقٍ گناه
معصيت راخنده مى آيد از استغفار ما
Repentance on the lips, rosary in hand
and a heart full of the taste of sin
Sin laughs at my style of seeking forgiveness!
The point being made here is that man, once he repents as stated
earlier, and despite having been in all sorts of sins, becomes a servant
dear to Allah. And should it ever be that, out of human weakness, one
does fall into sin yet another time, he should immediately renew his
repentance in the fond hope that this time, like every other time, Allah
Almighty shall, being Most-Forgiving, relent towards him. Let me
conclude with yet another Persian couplet which says:
ایں در گه ما درگه نومیدی نیست صد بار اگر توبه شکستی باز آ
This is the Court of My Presence,
not the Court of Despair.
Even if you have broken (the promise in) your repentance
a hundred times, come again!

369
Surah Al-Nisa'
4 : 19-21
Verses 19 - 21
◌َآَيُّهَا الَّذِيْنَ امَنُوا لَيَحِلٌّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرِّهَا، وَلَا
تَعْضُلُؤُهُنَّ لِتَذْهَبُوْا بِبَعْضِ مَّ اتَبْتُ هُنَّ إِلَّ آَنْ يَّأْتِيْنَ
بِفَاحِشَةٍ مُبَيِّنَةٍ وَعَاشِرُ وُهُنَّ بِالْعُرُوُفِ فَإِنُ كَرِهُتُؤُ هُنَّ
فَعَشَى أَنُّ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيْهِ خَيْرًا كَثِيْرًا﴿١٩﴾
وَإِنْ آَرَدْتُمُ اسْتِبْدَالَ زَوُجٍ قَكَانَ زَوُجِ وَاتَيْتُمْ إِحُدُهُنَّ قِنْطَارًا
فَلاَ تَأْخُذُوا مِنَّهُ شَبْتَاءًّ اتَأْخُذُؤْنَه ◌ُّهْتَانًا وَإِثُمًا قُّبِيْنَا﴿ ٢﴾
وَكَيْفَ تَأْخُذُوْنَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلى بَعْضٍ وَآَخَذُنَ مِنْكُمُ
◌ِيْنَاقًا غَلِيْظًا ﴿٢١﴾
O those who believe, it is not lawful for you that you
should forcibly take women as inheritance. And do not
hold on to them so that you may get away with some of
what you have given them, unless they commit a
clearly shameful act. And live with them in the recog-
nized manner. And if you dislike them, then it is quite
likely that you dislike something and Allah has placed
in it a lot of good. [19]
If you want to take a wife in place of the one (you
have), and you have given her a lot, then do not take
back anything from it through imputation and open
sin? [20]
And how can you take it when you have had access to
each other and they have taken a firm covenant from
you. [21]
Sequence of verses
Repentance was mentioned in the previous verses in proportion to
the related requirement of the text. Before this, there was a series of
injunctions pertaining to women. The present verses too carry some
more imperatives against the excesses suffered by women at the hands
of their husbands, even heirs. Details appear in the Commentary.
The aim is to correct such social disorders. It may be noted that
husbands have been particularly addressed in ,Au (live with them).

370
Surah Al-Nisa'
4 :19-21
Verses 20 and 21 conclude the subject.
Commentary
Women before Islam: Eradication of Injustices
Given in these three verses are steps taken to eliminate injustices
to which women were commonly subjected:
1. The most glaring of these was that men used to act as owners of
the life and property of women, so much so, that a woman taken in
marriage was passed on as a piece of property after her husband's
death, on to his heirs. They were considered as the new owners and
inheritors of the property, plus the wife. They could, if they wished to,
marry her or give her in marriage to somebody else against payment.
The son of the husband from another wife could himself marry her
after the death of his father. When a living human being has been
taken as an article of ownership, what would have happened to the
normal property is all too obvious. This one basic social ill became the
cause of hundreds of other unjust practices against women, some of
which are pointed out below:
(a) If a woman received some property in inheritance or some gift
from her parents, the poor thing stayed deprived of it. Everything
received in her name was devoured by men at her husband's home.
(b) If, somehow the woman did come in possession of her share of
the property, men would prevent her from remarrying so that she
could not take her share out of the house - they wanted her to die right
there where she was, leaving her property which they could possess
after her.
(c) In some places there was the practice that if the husband did
not like his wife because of whimsical factors and not because of any
shortcoming of the wife, then, while he skipped relating to her as his
wife, did not get rid of her by giving her a divorce. This was to harass
her to the limit that she was forced to give him back the jewellery and
dower money he had given her; or, if he had not yet given these as due,
he expected that she would forgo her claim before she could hope to be
released. There were situations when the husband, despite having
divorced her would not let the divorced wife remarry so that she
breaks up and returns to him the amount of dower he had given her,

371
·
Surah Al-Nisa'. 4 : 19-21
or forgoes the dower still unpaid.
(d) On occasions, following the death of her husband, his heirs
would not let the widow remarry. They would do so either to satisfy
their false sense of prestige, or to let her go only after they get some-
thing for themselves in the deal.
As said earlier, all these injustices were perpetrated on the basis of
the central assumption that man owned not only the property but also
the very life of the woman. The Holy Qur'an struck at the very root of
this evil which produced other injustices and openly declared:
كَيُّهَا الَّذِيْنَ امَنُوا لَا يَحِلٌّ لَكُمْ أَنْ تَرِثُوا النِّسَآءَ كَرْهًا
O those who believe, it is not lawful for you that you should
forcibly take women as inheritance.
The word "forcibly" does not appear here as a condition which would
have given the impression that their becoming owners of women with
the later's approval was all right, but this restriction has been intro-
duced here as a statement of fact. It means that taking over the charge
of the life and property of women as self-appointed owners without any
legal or rational basis whatsoever could, obviously, be only "forcibly".
How could a woman, in her normal senses, ever agree to such a propo-
sition? (al-Bahr al-Muhit). This is why the Shari'ah of Islam does not accept
her approval in this matter as effective. If any woman, so out of her
mind, approves of being owned by somebody, the Islamic law is not
willing to concede this position.
The common method of preventing injustice and disorder would be
to use a prohibitive order, but the Holy Qur'an has avoided this
common method at this place and has expressed the element of prohi-
bition by negating the lawfulness of this act by saying: . , 'it is
not lawful for you'. Here, in addition to stressing upon the severe
sinfulness of this matter, the purpose may also be to indicate that,
should it be that someone does go on to marry an adult woman
without her consent and permission, the marriage thus entered into
shall not be lawful and, in fact, it is null and void. Being totally non-
sequitur, no husband-wife relationship between the man and woman
gets established from such a marriage, nor do the injunctions of inheri-
tance or lineage follow from it.

372
Surah Al-Nisa' 4 : 19-21
Similarly, if someone forces a woman and takes back the dower he
had given her, or compels her to forgo the outstanding dower, this
forced return or forgiveness is not valid in the sight of the Shari'ah.
Money or property taken in this manner do not make them lawful for
the man, nor does it cause any due right to be forgiven. This subject
. وَلَا تَعْضُلُّوُهُنَّ لِتَذْهَبُوْا بِبَعْضِ مَّا أَتَيُّهُمُوْهُنَّ: has been further clarified in
It means: 'Do not prevent women from marrying at their choice
with the intention of taking back what you, or a relative, have already
given to them as dower or gift.' So, the giving and the taking back of
dower is inclusive of the incidence of making the woman forgive the
dower the payment of which is due, fixed and agreed upon. Whether
one forces the woman to return the dower amount already paid or
forces her to forgo the dower still outstanding, both are impermissible
and patently haram (forbidden). Similarly, whatever has been given to
the wife as gift, or something of which she has become the 'owner',
cannot be taken back by the husband, or the heirs, for it is not lawful
for them to do so. However, this rule applies only to a situation where
anything has been assigned to her as an owner. If something was
given to her for a temporary use, like jewellery or any other article,
not making her the owner of it, then, that simply does not enter into
the 'ownership' of the wife and, therefore, asking for their return is not
forbidden.
The text, after that, by saying : ◌ٍإِلاَ آنُ يَّتِيْنَ بِفَاحِشَةٍ مُبَيِّنَة exempts some such
situations under which it becomes permissible for the husband to take
back what he has given, including the dower. It means that should the
woman commit an act which is clearly shameful and which naturally
compels the man to divorce her, then, this will be a situation in which
it does not matter if the husband holds back the word of divorce until
such time that the woman returns the dower he had given her or
forgoes the outstanding dower, if that is the case.
رضى Sayyidah A'ishah, رضى الله عنه According to Sayyidna Ibn 'Abbas
We Al and Hadrat Dahhak Ul, and others, the word, "fahisha"
(translated as 'a shameful act') here means disobedience to the
husband and indecent abuses against him; while, Abu Qilabah and
Hasan al-Basri Jl, take it to mean immodesty and adultery in this
particular place. Thus, the sense would come to be: If these women

373
Surah Al-Nisa'
4 : 19-21
happen to commit some shameful act or they behave disobediently and
vituperatively which forces the husband to think of a divorce, then,
this being a fault of the woman, the husband has the right to hold her
in the bond of marriage, until he receives back what he had given her,
or has the outstanding dower forgiven by her.
The next two verses (20, 21) also enlarge upon this subject. Here it
has been said that, should it be that the woman has just not shown
any contumacy or immodesty, but the husband, following his own
physical desire and pleasure, intends to marry another woman in her
place, then again it will not be permissible for him to claim anything
from her in exchange of divorce, even though he had given her a lot of
wealth. Similarly, it will not be allowed for him to force her to forgo
the dower due against him. This is because there is no fault of the
woman and the cause which makes the dower due and payable has
been vacated, that is, they have been married and have had their
privacy with each other. Now, the husband has no right to take back
what he has given her or make her forgo the dower.
That the taking back of this amount is an injustice and sin has
been later on described in three stages.
First, it was said: une Chf tek s,i'll that is, 'do you want to take it
through imputation and an open sin?"
This sentence refers back to the previous verse (19) where it was
laid down that the husband has no right to take back the dower from
his wife except when she has committed a shameful act. On the basis.
of this principle the present verse (20) says that if you take back the
dower from your wife, it will mean that you are imputing her for a
shameful act, because it is the only situation where your claim may be
rightful. Since your wife has not committed a shameful act, your claim
to the dower is a false imputation which is an open sin.
Secondly, in the following sentence in verse 21, it was said: 33;
that is, how can you now take back what you تَأْخُذُوْنَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلى بَعْضٍ
had given her when not only the marriage has been solemnized, but
you have also had access to each other in privacy? For, in this situa-
tion, whatever has been given, if against dower, the woman certainly
deserved it. She now owns it because she surrendered herself to her

374
Surah Al-Nisa' 4 : 22-24
husband. The idea that it could be returned is senseless. Even if this
money or property given by the husband was presented or gifted, even
then, it is not possible that it could be returned because what a
husband and wife give to each other as gift cannot be taken back. Such
claim of its return is neither permissible in Shari'ah, nor is it legally
enforced. So, marital bond prevents the taking back of what has been
given as gift.
The same subject has been stated in the last sentence of verse 21:
and they have taken a firm covenant from you). This) وأخذن منكم ميثاقا غليظا
'covenant' is the bond of marriage which is solemnly attested to with
the name of Allah before a gathering of people following a khutbah.
To sum up, once this marital covenant has been made and mutual
privacy has brought the couple close together, to force the woman to
return what was given to her is open injustice and tyranny. All
Muslims must abstain from it.
Verses 22 - 24
وَلَا تَنْكُِّوا مَانَكَحَ ابَاءُكُمْ تِنَ النِّسَاءِ إِلَّ مَاقَدْ سَلَفَهِ إِنَّه
كَانَ فَاحِشَةً وَّمَقْنَاءُ وَسَاءَ سَبِيْلًا(٢٢) ◌ُرِّمَتُ عَلَيْكُمُ
أُمَّهُكُمْ وَبَتْبُكُمْ وَآَخَرُكُمُ وَعَتُهُكُمُ وَخْلُكُمُ وَبَنْتُ الْآَخِ
وَبَنْتُ الْأُخْتِ وَأُمَّهُمُكُمُ الَّتِىُّ أَرْضَعُنَكُمْ وَآَخَوُتُكُمُ مِّنَ
الرَّضَاعَةِ وَأُقَّهُتُّ نِسَائِكُمْ وَرَبَائِبُكُمُ الْشِىُ فِى حُرِكُمُ قِنُ
◌ِسَائِكُمُ الْنِى دَخَلُمُ بِهِنَّهِ فَانْ لَّمْ تَكُوْنُوًا دَخَلُهُمْ بِهِنَّ فَلَا
جُنَاحَ عَلَيْكُمْ، وَحَلَئِلُ أَبْنَاتِكُمُ الَّذِيْنَ مِنُ أَصْلَابِكُمُ« وَأَنْ
تَجُمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّ مَا قَدُ سَلَفَهُ إِنَّ اللَّهَ كَانَ تَفُورًا
رَحِيمًا (٢٣) وَالْخُصَنَتُ مِنَ النِّسَاءِ إِلَّ مَا مَلَكَتْ آَيْمَانُكُمُ
كِتَبَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ قَاوَرَآءَ ذَلِكُمْ أَنْ تَبْتَغُوا
بِآَمُوَالِكُمْ تُحْصِنِيْنَ غَيْرَ مُسْفِحِيْنَ، فَمَا اسْتَمْتَعْتُمُ بِهِ مِنْهُنَّ
فَأْتُؤُهُنَّ أُجُوُّرَهُنَّ فَرِيْضَةً، وَلَا مُجْنَاحَ مَلَيْكُمْ فِيْمَا تَرَاضَهُمُمُ

375
Surah Al-Nisa'
4 :22-24
بِهِ مِنْ بَعْدِ الْفَرِيضَةِ، إِنَّ اللّهَ كَانَ عَلِيْمًا حَكِيمًا ﴿٢٤)
And do not marry those of women whom your fathers
had married except what has passed. It is indeed
shameful and detestable, and it is an evil practice. [22]
Prohibited for you are your mothers, your daughters,
your sisters, your paternal aunts, your maternal aunts,
daughters of brother, daughters of sister, your mothers
who suckled you, your sisters through suckling,
mothers of your wives and your step-daughters under
your care who are born of your women with whom you
have had intercourse - but if you have not had inter-
course with them, then there is no sin on you. And the
wives of your sons from your loins, and that you
combine two sisters (in wedlock), except what has
passed. Surely, Allah is Most-Forgiving, Very-
Merciful.[23]
(And also prohibited are) the women already bound in
marriage, except the bondwomen you come to own. It
has been written by Allah for you. All except them have
been permitted for you to seek (to marry) through your
wealth, binding yourself, (in marriage) and not only for
lust. So, whoever of them you have benefited from, give
them their due as obligated. And there is no sin on you
in what you mutually consent to after the (initial)
settlement. Surely, Allah is All-Knowing, All-Wise. [24]
The present verses are an extension of the description of evil prac-
tices common in Jahiliyyah which have been taken up earlier. A
detailed discussion appears in the Commentary.
Commentary:
These verses give details of muharramat, that is, women with
whom marriage is prohibited. Some of them are prohibited for ever,
never becoming lawful under any condition. Some are not permanently
prohibited. They become lawful under some particular circumstances.
There are three kinds of permanently-prohibited women referred
to in the first category. They are those by kinship, by fosterage and by
relationship through marriage, and are permanently prohibited. The
kind mentioned at the end remains prohibited until they are bound in
marriage with someone else.

376
Surah Al-Nisa' 4 : 22-24
An explanation of the verses follows with relevant part of the verse
appearing in the lead:
j& P's y, (And do not marry those of women whom your
fathers had married) (verse 22): During the days of Jahiliyyah, people
had no qualms when they went ahead and married the wife of their
father after his death. In this verse, Allah Almighty has prohibited
this shameful practice; an evil which invites His wrath. How can
someone keep calling a woman his mother for a long time and yet
stoop so low as to make her his wife after the death of the father?
Ruling:
1. Marrying the legally wedded wife of the father has been declared
unlawful in this noble verse. There is no restriction here to indicate
marital consummation by the father. So, the fact that the father has
married a woman is enough to forbid the son from entering into
marriage with that woman. It will never be lawful. Similarly, it is not
correct for the father to marry the wife of his son, even if the marriage
of the son is limited to formal 'nikah' and his wife has not yet come to
live with him. (Ibn 'Abidin)
2. If the father has fallen into illicit relations with some woman,
even then it will not be permissible for the son to marry that woman.
'''kuje By! (Prohibited for you are your mothers): It means
that it is unlawful to marry one's own mother and the word,
"ummahatukum" (your mothers), includes all grandmothers, paternal
or maternal.
"""(and your daughters) means that it is unlawful to marry one's
own real daughter, and the daughter of the daughter, and the
daughter of the son.
In short, marrying a daughter, grand-daughter, great-grand-
daughter; maternal grand-daughter, great-grand-daughter is all
unlawful. As for marrying a step-daughter, from a different husband,
whom the wife has brought with her, there are details which will
appear later. As regards the son or daughter who are not real but have
been adopted, it is permissible to marry them or their offspring,
subject to the provision that such marriage is not unlawful due to
some other consideration. Similarly, if a person fathers a daughter by

377
Surah Al-Nisa' 4 : 22-24
indulging in zina with a woman, the girl thus born will be governed by
the rule which applies to a daughter and marriage with her too will
not be correct.
isí, (and your sisters): Marrying one's own real siste: is
unlawful, as well as marrying an 'allati sister (half-sister from the
same father but different mother), and also marrying an akhyafi sister
(half-sister from the same mother but different father).
PÅ&key (and your paternal aunts): Marriage with the real sister of
one's father, his half-sister from their father's side and his half-sister
from their mother's side is unlawful. It means that one cannot marry
any paternal aunt from the three kinds described above.
dky (and your maternal aunts): Marriage with a sister of one's
mother, whether real (haqiqi) or half-sister from their father's side
('allati) or half-sister from their mother's side (akhyafi), is unlawful.
l &k; (and daughters of brother): It means that marriage with
one's nieces is also unlawful, whether they be haqiqi, 'allati or akhyafi.
Marriage with the daughters of all three types of brothers, real or half,
as given above, is not lawful.
h &k; (and daughters of sister): It means that marriage with
one's maternal nieces is also unlawful, whether the sisters be haqiqi or
'allati or akhyafi. The daughters of such sisters cannot be taken in
marriage.
Koji 2 , (and your mothers who suckled you): This refers
to women who, even though they are not the real mothers, are treated
in Shari'ah like mothers in the sense that marriage with them is as
prohibited as with one's real mother. The quantity or the frequency of
feed makes no difference; the said unlawfulness stands established
under all eventualities. Muslim jurists refer to this as the unlawful-
ness through fosterage.
However, it is necessary to remember that this unlawfulness
through fosterage gets established when suckling takes place at a time
which is the usual time for it during childhood. The Holy Prophet
has said: "ِإِنَّاَ الرَّضَاعَةُ مِنَ المُجَاعَة ":Fosterage is only from hunger" which
means that the unlawfulness that becomes established through suck-
ling shall come into effect only when suckling has taken place at a

378
Surah Al-Nisa'
4 : 22-24
time when the child has no other option but to suckle and grow
through it. (al-Bukhari and Muslim)
According to Imam Abu Hanifah, this period ranges between the
birth of the child and when he or she is two and a half years old.
According to other Muslim jurists which includes his special disciples,
Imam Abu Yusuf and Imam Muhammad Jl All Las, the period of suck-
ling is two years only, therefore, if a boy or girl suckles at the breast of
a woman after the age of two years, the prohibition of marriage due to
fosterage will not come into affect.
and your sisters through suckling): It means that) وَآَخَوَتُكُمُ مِنَ الرَّضَاعَةِ
marriage with sisters related through the bond of fosterage is also
unlawful. Going in details, it works out that a woman who suckles a
boy or girl during the days of suckling becomes their foster-mother,
and her husband becomes their foster-father, and the offspring of that
woman become his brothers and sisters, and the sisters of that woman
become their maternal aunts, and the elder and younger brothers of
her husband become the foster-uncles of these children, and the sisters
of the husband of that woman become the paternal aunts of these chil-
dren; and thus, in between all of them, the relationship of fosterage
resulting in prohibition of marriage is established. The marriage
which is mutually unlawful as based on the relation of kinship
becomes equally unlawful as based on the relation of suckling. The
Holy Prophet صلى الله عليه وسلم has said : يحرم من الرضاعة ما يحرم من الولادة (Bukhari)
(That which becomes unlawful by kinship becomes unlawful by
fosterage). Another narration from the Sahih of Muslim as in Mishkat,
page 273, says: ان الله حرم من الرضاعة ما حرم من النسب (Surely, Allah has prohibited
through fosterage what He has prohibited through kinship.)
Rulings:
1. If a boy and a girl were suckled by a certain woman, the two of
them cannot be married to each other. Similarly, marriage with the
daughter of a foster-brother and foster-sister is also not possible.
2. Marriage with the lineal mother of foster-brother and foster-
sister is permissible. It is also lawful to marry the foster-mother of the
lineal sister of foster-sister; and the foster-sister of the lineal sister.
3. The unlawfulness of marriage becomes established if the feed is

379
Surah Al-Nisa'
4: 22-24
received by the child during the days of suckling either through the
mouth, or the nose. Should it be that the feed is given to the child by
any other inlet, or it is injected in, then, the unlawfulness of fosterage
will not come to be established.
4. No feed other than the feed from the woman suckling the child
(for example, milk from animals or male humans), establishes
fosterage.
5. If the feed is mixed in medicine or in milk from a goat, cow or
buffalo, the unlawfulness of marriage as based on suckling shall be
established only when the quantity of the woman's feed measures
more, or when it is at least equal. But, if the woman's feed is less than
that, this unlawfulness shall not come to be established.
6. If male mammalian glands happen to lactate, it does not go on to
prove the unlawfulness of marriage from suckling.
7. If a woman lets a child mouth her nipple, but there is no
certainty that the child has sucked the feed in, then this will not
establish the unlawfulness through suckling and it will not affect the
lawfulness of marriage, because the prohibition of marriage is not
established where actual suckling is doubtful.
8. If a man marries a certain woman while some other woman
claims that she has suckled both of them, then, should both of them
confirm it, it will be decided that the marriage was incorrect. However,
should both of them reject the claim it will not be mandatory on the
spouses to vacate the marriage, however, if the woman appears to be
God-fearing and a practicing Muslim, it is preferable for the spouses to
opt for separation through divorce.
9. The witness of two practicing Muslims is necessary in order to
prove unlawfulness through suckling. This will not be proved by the
witness of one man or one woman. But, since this is a very serious
matter involving the whole life being halal or haram a precautionary
attitude will always be advisable. Therefore, some Muslim jurists have
ruled that if one intends to marry a woman, and only one practicing
Muslim testifies that they are foster brother and sister, it will not be
permissible for them to contract marriage. And if the evidence of one
witness, male or female, comes forth after they have married each

380
Surah Al-Nisa'
4: 22-24
other, even then, it will be safe and prudent for them to opt for volun-
tary separation.
10. According to the recognized rules of evidence, the testimony of
one man and two women is equal to that of two male witnesses. There-
fore, even if one man and two women testify the fact of suckling, the
foster-relationship will stand proved.
Kta &wl, (and the mothers of your wives): Also unlawful to
husbands are the mothers of their wives. Here too, the word,
"ummahat" includes all grandmothers of wives, maternal, paternal,
lineal or foster.
Ruling:
1. Just as the mother of a legally wedded wife is unlawful, very
similarly, equally unlawful is the mother of a woman with whom one
has slept assuming her to be his wife, (while, in fact, she was not his
wife) or with whom zina (adultery) has been committed, or who has
been touched lustfully.
2. The initial bond or marriage, in itself, renders the mother of
one's wife unlawful for him. It means that even if the husband has
never slept with his wife, her mother is still unlawful for him to
marry.
and your step-daughters) وَرَبَّائِبُكُمُ الَّتِىْ فِىٌ حُجُرِكُمٌ مِّنُ نِّسَائِكُمُ الْتِىُ دَخَلُهُمُ بِهِنَّ
under your care who are born of your women with whom you have had
intercourse): When one marries a woman and sleeps with her after the
marriage, the daughter of that woman from another husband becomes
unlawful for him, and so do her grand-daughters, both paternal and
maternal. Marriage with them is not permissible. But, if the husband
has not yet slept with his wife and has divorced her after the contract
of marriage, then her daughter or grand-daughter will not be unlawful
for him. But, following nik ah, if one touches his wife lustfully, or looks
at her private part with sexual desire, then this too, will be taken as
having sex with her, therefore, it will make the daughter of that
woman unlawful.
The words "your women" used in this context are general. There-
fore, it is not the legally wedded wife only whose daughters are
unlawful for the husband, but the same rule applies to a woman who

381
Surah Al-Nisa'
4:22-24
is not really wedded to the person, but he has had sexual intercourse
with her either under the wrong impression that she is his wife, or in
adultery. The daughter and grand-daughter of such women will also
become unlawful for him.
and the wives of your sons from your) وَحَلَائِلُ أَبْنَائِكُمُ الَّذِيْنَ مِنْ أَصْلَابِكُمْ
loins): The wife of one's own son is unlawful, and the universality of
'son' includes grandsons, paternal or maternal. So, marriage with their
wives shall not be permissible.
sul& (from your loins): This particular restriction is used here
to exclude the adopted son. Marriage with his wife is lawful. As far as
a foster son is concerned, he is governed by the rule which governs the
lineal son, therefore, marriage with his wife too is unlawful.
:(and that you combine two sisters in wedlock) وَانٌ تَجُمَعُوا بَيْنَ الأُخْتَيْنِ
Also unlawful is the combining of two sisters in the bond of marriage.
They may be real sisters or half sisters from the father's side or sisters
from the mother's side (haqiqi, 'allati, akhyafi). They may be sisters by
lineage or sisters by fosterage. This rule covers all of them. However,
when one sister has been divorced it is permissible to marry another
sister, but this permissibility becomes effective only after the period of
'iddah has expired. Marriage during 'iddah is not permissible.
Rulings:
1. Just as one cannot combine two sisters in his marriage, it is also
unlawful for him to combine a paternal aunt and her niece, and a
maternal aunt and her niece. They too cannot be combined in
marriage with any one person. As reported in al-Bukhari and Muslim,
the Holy Prophet صلى الله عليه وسلم has said:
لَا يُجْمَعُ بَيْنَ الْرَأَةِ وَعَمَّتِهَا وَلَا بَيْنَ الْمُرَّأَةِ وَخَالَتِهَا (بخارى ومسلم)
Do not combine a woman with her paternal aunt, nor a
woman with her maternal aunt
2. Muslim jurists have mentioned the general principle that any
two women, out of whom, if one was supposed to be a male, then, their
marriage with each other would turn out to be incorrect according to
Islamic law, thus two women of this kind cannot be combined in
marriage with one man.

382
Surah Al-Nisa' 4 : 22-24
AL. EL. YI (except what has passed): It means that whatever has been
the practice during Jahiliyyah will not be called to account. These
words have also appeared in verse 22. There too, the meaning is the
same, that is, that which came to pass during Jahiliyyah has passed.
Now that Islam has been embraced, past deeds will not be taken into
account, but it is necessary to abstain from them in future.
In the same way, it is necessary at this time of the revelation of
what was unlawful that separation be made if one holds the wife of his
father, or two sisters, in marriage. In the case of two sisters, it is
compulsary that one sister be separated.
As narrated by the blessed Companion, Sayyidna Bara, Ibn 'Azib,
the Holy Prophet صلى الله عليه وسلم had sent Sayyidna Abu Burdah ibn
Niyar to execute a man because he had married the wife of his father.
(Mishkat, p. 274)
Ibn Firoz Dailami narrates from his father: 'When I embraced
Islam, I had two sisters married to me. I went to the Holy Prophet L.
ule All with the problem.' He said: "Separate by divorcing one and
keeping the other." (Mishkat, p. 274)
These narrations tell us that just as it is not lawful, after
embracing Islam, to contract marriage with father's wife or to combine
two sisters in marriage, similarly it is also unlawful to maintain such
marriages, if they have been contracted by someone before he
embraced Islam.
(Surely, Allah is Most-Forgiving, Very-Merciful) إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا
means that anything people did erroneously before the advent of Islam
will be overlooked by Allah Almighty once they have embraced Islam
and they can be sure that He will turn to them with the great reach of
His mercy.
TIS dall, (the women already bound in marriage): It means
that women having husbands have also been made unlawful. So far as
a woman is married to a person, no other person can marry her. From
here, it becomes very clear that a woman cannot live with more than
one husband simultaneously. There are some ignorant and loud-
mouthed people in our time who have started saying - when men are
allowed to take more than one wife, women too should have the

383
Surah Al-Nisa' 4 : 22-24
permission to enjoy more than one husband. This tasteless bravado is
totally contrary to this noble verse. People who indulge in such flip-
pant display of ignorance do not see that plurality of wives is a
blessing which has been historically endorsed in all religions and soci-
eties. But, for a woman, having more than one husband at the same
time is not only a headache for her in person, but it is also disgraceful
for those two men who become husbands to one woman. This weird
arrangement is not only shameless, but also leaves no possibility of
any offspring being born lineally sound. When many men benefit from
one woman, there will remain no method of attributing the fatherhood
of the child so born to any one of the participating husbands. Such an
obnoxious demand can only be made by those who are totally hostile to
the graces of humanity, those who have buried their sense of shame
once and for all and those who are supporting the movement to
deprive human beings of blessings that issue forth from the recognized
channel of parents and children bound in a charter of mutual rights.
When lineage goes unproved, who is going to be charged with the
responsibility of taking care of mutual rights and duties?
Even if this is looked at purely in terms of nature and reason,
there seems to be no justification for the provision of several husbands
for one woman:
1. The basic purpose of marriage is procreation. Seen from this
angle, several women can certainly become pregnant from one man,
but one woman cannot become pregnant from several men. She will
become pregnant from none but one. What has thus happened is that,
given the presence of several husbands, the procreating ability of all
husbands, except one, was totally wasted on that count. They ended
up with nothing beneficial except the lone satisfaction of their sexual
drive.
2. Experience shows that woman is a genre more delicate than
man. For a major portion of the year, she does not remain physically
amenable to intimacy. There are conditions and circumstances in
married life when it is not possible for her to fulfill the rights of even
one husband, let alone more than one husband seeking her physical
attention.
3. Since man is healthier and stronger in terms of physical power

384
Surah Al-Nisa'
4:22-24
as compared to woman, man should, if his sexual strength is above
average and he cannot find satisfaction by limiting himself to one
woman, have the opportunity, of course by permissible means, to
marry twice and thrice. If this is not allowed, he will take to impermis-
sible ways of satisfying his desires, and in that process, he will ruin
the whole society. But, the likelihood that woman could bring about
such ruination is very remote.
This question is so important in the Shari'ah of Islam that it has
not only ruled the second marriage of a woman unlawful when she is
already married to someone else, but it also goes farther when it rules
that, should the husband of a woman divorce her, or die, she still
cannot marry another person until after the expiry of her 'iddah or
waiting period.
iLIKE [ f] (except the bondwomen you come to own): This
sentence is an exception from the rule set in وَالمُحْصَنتُ مِنَ النِّساء (the women
already bound in marriage).
It means that it is not permissible that a woman who already has a
husband be taken in marriage by another person, unless she comes in
the ownership of a person as a bondwoman. This happened when
Muslims had to carry out jihad against the infidels of Dar-al-harb (a
non-Muslim state without a treaty of peace with the Muslims). As a
result of a valid war with them women prisoners might have been
brought to the Islamic state. If their non-Muslim husbands remained
behind in their original non-Muslim State, their bond of marriage with
them used to be terminated by their entry into the Islamic state, and
it was lawful for a Muslim to marry her, if she was a Christian, a Jew
or had embraced Islam. Similarly, if the head of the Islamic state
opted to make her a bondwoman and had given her to a participant in
the war as his share in the spoils, he could also enjoy her company.
However, this marriage or enjoyment was permissible only after she
goes through at least one menstruation period after her entry into the
Islamic state. If it appeared that she was pregnant from her previous
husband, it was necessary to wait until she delivers the child.
Rulings:
1. If a disbelieving woman embraces Islam in Dar al-Harb while
her husband is a disbeliever, she will be released from the bond of

385
Surah Al-Nisa' 4 : 22-24
marriage with him after the expiry of three menstrual periods.
2. If a disbelieving woman embraces Islam in Dar al-Islam and her
husband is a disbeliever, then, the local legal authority should induce
the husband to think about accepting Islam. If he refuses to become a
Muslim, the Muslim judge should bring about a separation between
the two. This separation will be taken as the divorce after which, the
woman completes her period of 'iddah and becomes free to marry any
Muslim of her choice.
xác đắn cis (It has been written by Allah for you): It means that
the unlawfulness of marriage with women identified by Allah is some-
thing determined by Him.
All except them have been permitted for you): It) وَأُحِلَّ لَكُمُ مَّاوَرَاءَ ذَلِكُمْ
means that women other than those whose unlawfulness has been
mentioned upto this point are lawful for you; for example, the
daughter of an uncle, the daughter of a maternal aunt, the sister born
of a maternal uncle, and the wife of a maternal or paternal uncle -
after their death or after they have divorced her - subject to the condi-
tion that any other reason of prohibition does not exist. In addition to
that, there is the wife of an adopted son who can be lawfully married
after he divorces, or dies; so also, if one's wife dies, he can marry her
sister - these being some of the many lawful options available. All
these have been covered under the generality of 2 (All except
them).
Ruling:
It is not permissible to have more than four wives simultaneously.
Detailed comments on this subject have already appeared in the begin-
ning of Surah Al-Nisa'. Not finding any reference to this in the imme-
diate context of the present verses should not lead anyone to misun-
derstand that, may be, the generality of the Qur'anic words, aigu
(All except them) allows unrestricted marriage with women. Besides
the women, marriage with whom is unlawful as declared in the Holy
Qur'an, there are several others in this category as mentioned in the
noble Ahadith, indications of which appear in the Qur'anic verses also
and to which we have been pointing out in our comments.
Kiet Bes 3 (that you may seek {to marry} through your wealth):