SURAH AN-NISA (AYAH 11 to 20)

SECTION 2

Law of Inheritance

Concerning issues and parents without issues---Husband and the wife---Shares of sisters and brothers in case of no issues----Punishment for breaking the Law.

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ۚ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ ۚ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا {4:11}

[Q4:11] Yooseekumul laahu feee awlaadikum liz zakari mislu hazzil unsayayn; fa in kunna nisaaa'an fawqas nataini falahunna suhusaa maa taraka wa in kaanat waahidatan falahan nisf; wa li abawaihi likulli waahidim minhumas sudusu mimmma taraka in kaana lahoo walad; fa il lam yakul lahowaladunw wa warisahooo abawaahu fali ummihis sulus; fa in kaana lahoo ikhwatun fali ummihis sudus; mim ba'di wasiyyatiny yoosee bihaaa aw dayn; aabaaa'ukum wa abnaaa'ukum laa tadroona aiyuhum aqrabu lakum naf'aa; fareedatam minallaah; innal laaha kaana 'Aleeman Hakeemaa.

[Q4:11] ALLAH (SWT)  enjoins you concerning your children: The male shall have the equal of the portion of two females; then if they are more than two females, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half; and as for his parents, each of them shall have the sixth of what he has left if he has a child, but if he has no child and (only) his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt; your parents and your children, you know not which of them is the nearer to you in usefulness; this is an ordinance from ALLAH (SWT) : Surely ALLAH (SWT)  is Knowing, Wise.
[Q4:11] ALLAH (SwT) perintahkan kamu mengenai (pembahagian harta pusaka untuk) anak-anak kamu, iaitu bahagian seorang anak lelaki menyamai bahagian dua orang anak perempuan. Tetapi jika anak-anak perempuan itu lebih dari dua, maka bahagian mereka ialah dua pertiga dari harta yang ditinggalkan oleh si mati dan jika anak perempuan itu seorang sahaja, maka bahagiannya ialah satu perdua (separuh) harta itu dan bagi ibu bapa (si mati), tiap-tiap seorang dari keduanya: Satu perenam dari harta yang ditinggalkan oleh si mati, jika si mati itu mempunyai anak. Tetapi jika si mati tidak mempunyai anak, sedang yang mewarisinya hanyalah kedua ibu bapanya, maka bahagian ibunya ialah satu pertiga. Kalau pula si mati itu mempunyai beberapa orang saudara (adik-beradik), maka bahagian ibunya ialah satu perenam. (Pembahagian itu) ialah sesudah diselesaikan wasiat yang telah diwasiatkan oleh si mati dan sesudah dibayarkan hutangnya. lbu-bapa kamu dan anak-anak kamu, kamu tidak mengetahui siapa di antaranya yang lebih dekat serta banyak manfaatnya kepada kamu (Pembahagian harta pusaka dan penentuan bahagian masing-masing seperti yang diterangkan itu ialah) ketetapan dari ALLAH (SwT); sesungguhnya ALLAH (SwT) adalah Maha Mengetahui, lagi Maha Bijaksana. 

IN THESE TWO VERSES THE ISSUE OF DISTRIBUTION OF WEALTH, LEFT BY THE DECEASED, has been precisely settled, taking into consideration the interest of every individual related by blood. In view of al-Anfal 8:75 and al-Ahzab 33:6, the standard principle is to prefer

[1] Those who are related by blood; and among such relatives

[2] The closer prevents the more remote in the chain of relation,

[3] And lineage is more eligible than the distant kinship;

[4] And among the distant kinship those closer to the lineage restrict the less-connected;

[5] And those who are paternally and maternally related are preferred over those who are either only paternally related Or only maternally related. (For details refer to fiqh).

By violating the Qur’anic law, those who took the power after the departure of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad), deprived Fatimah from his inheritance, ALTHOUGH the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) had bequeathed the garden of Fadak to his daughter, Bibi Fatimah Zahra. (Durr al-Manthur, Yanabi al-Muwaddah, Jawahir al-Tafsir, Kanz al-Ummal).

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(4:11) Allah thus commands you concerning your children: the share of the male is like that of two females. *15 If (the heirs of the deceased are) more than two daughters, they shall have two-thirds of the inheritance; *16 and if there is only one daughter, then she shall have half the inheritance. If the deceased has any offspring, each of his parents shall have a sixth of the inheritance; *17 and if the deceased has no child and his parents alone inherit him, then one-third shall go to his mother; *18 and if the deceased has brothers and sisters, then one-sixth shall go to his mother. *19 All these shares are to be given after payment of the bequest he might have made or any debts outstanding against him. *20 You do not know which of them, your parents or your children, are more beneficial to you. But these portions have been determined by Allah, for He indeed knows all, is cognizant of all beneficent considerations. *21

*15. This is the first general rule in connection with inheritance, viz., that the share of the male should be double that of the female. Since Islamic law imposes greater financial obligations on men in respect of family life and relieves women of a number of such obligations, justice demands that a woman's share in inheritance should be less than that of a man. 
*16. The same applies in the case where there are two daughters. If the deceased leaves only daughters, and if there are two or more daughters then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs. But if the deceased has only one son there is a consensus among jurists that in the absence of other heirs he is entitled to all the property and if the deceased has other heirs, he is entitled to the property left after their shares have been distributed. 
*17. If the deceased leaves issue each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons, of both sons and daughters, of just one son or just one daughter. The remaining two-thirds will be distributed among the rest of the heirs. 
*18. If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise the two-thirds will be distributed between the father and other heirs. 
*19. In the case where the deceased also has brothers and sisters the share of the mother will be one-sixth rather than one-third. In this case the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father's obligations are heavier. It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance. 
*20. The mention of bequest precedes the mention of debt, for although not everyone need be encumbered with debt it is necessary that everyone should make a bequest. (However, other Mufassirun (exegetes) regard making a bequest as a discretionary act - Ed.) As for legalities, there is consensus among Muslims that the payment of debts takes precedence over the payment of bequests, i.e. if the deceased owes a debt and also leaves a bequest, the debt will first be paid out of the inheritance, and only then will his bequest be fulfilled.
We have already stated in connection with bequest (see Towards Understanding the Qur'an, vol. I, Surah 2, n. 182) that a man has the right to bequeath up to a maximum of one-third of his inheritance. The principle laid down in regard to bequest is that a man can -^\ot a portion of his inheritance either to a relative who is not legally entitled to any prescribed share in the inheritance or to others whom he considers deserving of help, e.g. either an orphaned grandson or grand-daughter, the widow of a son in financial distress, any brother, sister, brother's wife, nephew, and other relatives who seem to be in need of support. If there are no such relatives bequests can be made either to other needy people or for charitable purposes. In short, the Law has fixed regulations for the distribution of two-thirds or more of one's inheritance, out of which the legal heirs are to receive their shares according to the regulations laid down by the Law. A maximum of one-third of the inheritance has been left to the discretion of the person concerned, who can dispose of it by means of bequest in light of his particular family circumstances. If anyone makes either an inequitable bequest or misuses his discretion so as to hurt the legitimate rights of others, it is permissible for the members of the family to rectify the situation either by mutual agreement or by requesting a judge to intervene. For further details see my booklet Yatim Pot6 ki Wirathat ka Mas'alah, Lahore, 1954. 
*21. This is in response to those feeble-minded people who do not fully appreciate God's law of inheritance and try to fill, with the help of their limited intellect, what they see as gaps in God's Laws. 

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ ۚ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۚ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ {4:12}

[Q4:12] Wa lakum nisfu maa taraka azwaajukum il lam yakul lahunna walad; fa in kaana lahunna waladun falakumur rub'u mimmaa tarakna mim ba'di wasiyyatiny yooseena bihaaa aw dayn; wa lahunnar rubu'u mimmaa tarakum il lam yakul lakum walad; fa in kaana lakum waladun falahunnas sumunu mimmaa taraktum; mim ba'di wasiyyatin toosoona bihaaa aw dayn; wa in kaana rajuluny yoorasu kalaalatan awim ra atunw wa lahooo akhun aw ukhtun falikulli waahidim minhumas sudus; fa in kaanooo aksara min zaalika fahum shurakaaa'u fissulusi mim ba'di wasiyyatiny yoosaa bihaaa aw dainin ghaira mudaaarr; wasiyyatam minal laah; wallaahu 'Aleemun Haleem.

[Q4:12] And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth of what they leave after (payment of) any bequest they may have bequeathed or a debt; and they shall have the fourth of what you leave if you have no child, but if you have a child then they shall have the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt; and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth, but if they are more than that, they shall be sharers in the third after (payment of) any bequest that may have been bequeathed or a debt that does not harm (others); this is an ordinance from ALLAH (SWT): and ALLAH (SWT)  is Knowing, Forbearing.

[Q4:12] Dan bagi kamu satu perdua dari harta yang ditinggalkan oleh isteri-isteri kamu jika mereka tidak mempunyai anak. Tetapi jika mereka mempunyai anak maka kamu beroleh satu perempat dari harta yang mereka tinggalkan, sesudah ditunaikan wasiat yang mereka wasiatkan dan sesudah dibayarkan hutangnya dan bagi mereka (isteri-isteri) pula satu perempat dari harta yang kamu tinggalkan, jika kamu tidak mempunyai anak. Tetapi kalau kamu mempunyai anak maka bahagian mereka (isteri-isteri kamu) ialah satu perlapan dari harta yang kamu tinggalkan, sesudah ditunaikan wasiat yang kamu wasiatkan dan sesudah dibayarkan hutang kamu dan jika si mati yang diwarisi itu, lelaki atau perempuan, yang tidak meninggalkan anak atau bapa, dan ada meninggalkan seorang saudara lelaki (seibu) atau saudara perempuan (seibu) maka bagi tiap-tiap seorang dari keduanya ialah satu perenam. Kalau pula mereka (saudara-saudara yang seibu itu) lebih dari seorang, maka mereka bersekutu pada satu pertiga (dengan mendapat sama banyak lelaki dengan perempuan), sesudah ditunaikan wasiat yang diwasiatkan oleh si mati dan sesudah dibayarkan hutangnya; wasiat-wasiat yang tersebut hendaknya tidak mendatangkan mudarat (kepada waris-waris). (Tiap-tiap satu hukum itu) ialah ketetapan dari ALLAH (SwT) dan (ingatlah) ALLAH (SwT) Maha Mengetahui, lagi Maha Penyabar. 

(see commentary for verse 11)

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(4:12) And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have made or any debts outstanding against them. And to them belongs a fourth of what you leave behind, if you die childless; and if you have any child then to them belongs one-eighth of what you have left behind, *22 after the payment of the bequest you might have made or any debts outstanding against you.
And if the man or woman has no heir in the direct line, but has a brother or sister, then each of these shall inherit one-sixth; but if they are more than two, then they shall inherit one-third of the inheritance, *23 after the payment of the bequest that might have been made or any debts outstanding against the deceased, providing that the bequest causes no injury. *24 This is a commandment from Allah; Allah is All-Knowing, All-Forbearing. *25

*22. Whether a man has one wife or several wives the share of the wife/wives is one-eighth of the inheritance when the deceased has issue, and one-fourth when he has no issue. The share of the wives, whether one-fourth or one-eighth, will be distributed equally among them. 
*23. The remaining five-sixths or two-thirds of the inheritance goes to the legal heirs, if any. Where there are no legal heirs, the person concerned is entitled to make a bequest with regard to the remaining part of the inheritance. Commentators are agreed that the sisters and brothers mentioned here mean half-brothers and half-sisters, i.e. those who have kinship with the deceased on the mother's side. Injunctions affecting full brothers and sisters, and half-brothers and half-sisters on the father's side are mentioned towards the end of the present surah. (See verse 176 below, and nn. 219 ff. - Ed.) 
*24.'Bequests which cause injury' are those that entail depriving deserving kin of their legitimate rights. Similarly, the debt which causes injury is the fake debt which one falsely admits to owing, and any other device to which one resorts merely in order to deprive the rightful heirs of their shares in inheritance. This kind of injury has been declared to be a major sin in a tradition from the Prophet (peace be on him). According to another tradition the Prophet (peace be on him) said that even if a man worked all his life, like the men of Paradise, yet ended his life's record by making a wrongful bequest, he would be consigned to Hell. (Ibn Kathir, vol. 2, p. 218.) Such an act of deliberate injury and calculated effort designed to deprive people of their due rights is always a sin, but it is mentioned by God particularly in the case of kalalah (the person who leaves behind neither parents nor descendants). (For kalalah see nn. 219 ff. below - Ed.) The reason for this seems to be that a man who has neither issue nor parents is often prone to squander his property and somehow prevent his distant relatives from receiving any share in the inheritance. 
*25. God's knowledge is referred to here for two reasons. First, to stress that if a man violates God's Law he will not be able to escape from the grip of God, for He is Omniscient. Second, to emphasize that the shares in inheritance fixed by God are absolutely sound, for God knows better than His creatures where their true interests lie. Reference is also made to God's forbearance. This is in order to point out that harshness could not characterize the laws laid down by God in respect of inheritance since He Himself is not harsh. On the contrary, the aim of God's laws is to prevent people suffering inconvenience and hardship. 

تِلْكَ حُدُودُ اللَّهِ ۚ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ {4:13}

[Q4:13] Tilka hudoodul laah; wa mai yuti'il laaha wa Rasoolahoo yudkhilhu Jannaatin tajree min tahtihal anhaaru khaalideena feehaa; wa zaalikal fawzul 'azeem.
[Q4:13] These are ALLAH (SWT)'s limits, and whoever obeys ALLAH (SWT) and His Messenger, He will cause him to enter gardens beneath which rivers flow, to abide in them; and this is the great achievement.

[Q4:13] Segala hukum yang tersebut adalah batas-batas (Syariat) ALLAH (SwT) dan sesiapa yang taat kepada ALLAH (SwT) dan RasulNya, akan dimasukkan oleh ALLAH (SwT) ke dalam Syurga yang mengalir dari bawahnya beberapa sungai, mereka kekal di dalamnya dan itulah kejayaan yang amat besar.

In continuation of the preceding verses IT IS CLEARLY POINTED OUT HERE THAT THE QUR’ANIC LAW CANNOT BE SUBJECTED TO HUMAN INTERFERENCE. COMPLYING WITH THE COMMANDMENTS OF ALLAH (SWT) AND HIS PROPHET IS THE DUTY OF THE FAITHFULS, THEN ALONE THEY WILL ENTER THE LAND OF ETERNAL BLISS.

¥  Those who either [1] Bring in "fabricated sayings" of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) [2] Or act on their own judgement to set aside the decrees of ALLAH (SWT) (as had been done in the case of Fadak in complete disregard to the final decrees of ALLAH (SWT) shall go to hell.)

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(4:13) These are the bounds set by Allah. Allah will make the man who obeys Allah and His Messenger enter the Gardens beneath which rivers flow. He will abide there for ever. That is the mighty triumph.

وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ {4:14}

[Q4:14] Wa mai ya'sil laaha wa Rasoolahoo wa yata'adda hudoodahoo yudkhilhu Naaran khaalidan feehaa wa lahoo 'azaabum muheen.
[Q4:14] And whoever disobeys ALLAH (SWT) and His Messenger and goes beyond His limits, He will cause him to enter fire to abide in it, and he shall have an abasing chastisement.

[Q4:14] Dan sesiapa yang derhaka kepada ALLAH (SwT) dan RasulNya dan melampaui batas-batas SyariatNya, akan dimasukkan oleh ALLAH (SwT) ke dalam api Neraka, kekALLAH (SwT) dia di dalamnya dan baginya azab seksa yang amat menghina. 

(see commentary for verse 13)

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

*25a. This is a terrifying verse in which those who either tamper with God's laws of inheritance or violate the legal bounds categorically laid down by God in His Book are warned of unending punishment. It is lamentable that, in spite of these very stern warnings, Muslims have occasionally been guilty of breaching God's laws with the same boldness and insolence as that of the Jews. Disobedience to God's law of inheritance has occasionally assumed the proportion of open rebellion against Him. In some instances, women have been disinherited altogether. In others, the eldest son has been declared the only legal heir. There are also instances where the entire system of inheritance distribution has been replaced by the system of joint family property. In still other instances, the shares of women have been made equal to those of men. In our time a few Muslim states, in imitation of the West, even contrived a new form of disobedience. This consists of imposing death duties so that governments, too, become one of the heirs of the deceased, an heir whose share God had altogether failed to mention! This is despite the fact that under Islamic dispensation governments may assume control of a dead man's inheritance only if it is either unclaimed or if the person concerned has specifically so bequeathed part of his inheritance. 

SECTION 3

Dealing with Women

Punishment to immoral women and men---Tolerance for repentance---Unlawful to treat women harshly---Kindness to women enjoined.

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ ۖ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا {4:15}

[Q4:15] Wallaatee yaateenal faahishata min nisaaa'ikum fastashhidoo 'alaihinna arba'atam minkum fa in shahidoo fa amsikoohunna fil buyooti hatta yatawaffaa hunnal mawtu aw yaj'alal laahu lahunna sabeelaa.

[Q4:15] And as for those who are guilty of an indecency from among your women, call to witnesses against them four (witnesses) from among you; then if they bear witness confine them to the houses until death takes them away or ALLAH (SWT) opens some way for them.
[Q4:15] Dan sesiapa yang melakukan perbuatan keji (zina) di antara perempuan-perempuan kamu, maka carilah empat orang lelaki di antara kamu yang menjadi saksi terhadap perbuatan mereka. Kemudian kalau keterangan-keterangan saksi itu mengesahkan perbuatan tersebut, maka kurunglah mereka (perempuan yang berzina itu) dalam rumah hingga mereka sampai ajal matinya atau hingga ALLAH (SwT) mengadakan untuk mereka jalan keluar (dari hukuman itu). 

Fahisha in its general significance is "an excess, an enormity, anything exceeding the bounds of rectitude", BUT when particularised, signifies "adultery or fornication", and, in this context, evidently means an act of adultery.

Ü  The evidence in the case of adultery must be, according to the law of Islam, *ocular, *not hearsay, *conjectural or *circumstantial. EVERY POSSIBLE SAFEGUARD IS TAKEN AGAINST HASTY AND UNFOUNDED ACCUSATIONS. When four men testify that they saw with their eyes the actual carnal conjunction, punishments mentioned in this verse, can be inflicted.

For "or ALLAH (SWT) provides some other way for them" (through His Prophet) refer to fiqh.

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(4:15) As for those of your women who are guilty of immoral conduct, call upon four from amongst you to bear witness against them. And if four men do bear witness, confine those women to their houses until either death takes them away or Allah opens some way for them.

وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآذُوهُمَا ۖ فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا ۗ إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًا {4:16}

[Q4:16]  Wallazaani yaatiyaanihaa minkum fa aazoohumaa fa in taabaa wa aslahaa fa a'ridoo 'anhumaaa; innal laaha kaana Tawwaabar Raheema.
[Q4:16] And as for the two who are guilty of indecency from among you, give them both a punishment; then if they repent and amend, turn aside from them; surely ALLAH (SWT) is Oft-returning (to mercy), the Merciful.

[Q4:16] Dan (mana-mana) dua orang di antara kamu yang melakukan perbuatan yang keji itu, (setelah sabit kesalahannya) maka hendaklah kamu menyakiti keduanya; kemudian jika mereka bertaubat dan memperbaiki keadaan diri mereka (yang buruk itu), maka biarkanlah mereka; kerana sesungguhnya ALLAH (SwT) adalah sentiasa Menerima taubat, lagi Maha Luas rahmatNya. 

The crime, mentioned here, is adultery. **Adhuhuma-hurt or punish both of them.

¥  If they sincerely repent and reform, ALLAH (SWT) accepts repentance because He is merciful.

REPENTANCE HAS FOR ITS ELEMENTS:-

(i)    No premeditation but ignorance,

(ii)   Immediate realisation of the offence,

(iii) Enlightenment of the heart,

(iv) Detestation of the sin,

(v)   A resolve to avoid it in the future,

(vi) An earnest craving for ALLAH (SWT)'s forgiveness.

**It is stated that a faithful commits a sin, inspite of the knowledge of the law, under the satanic influence, in a fit of passion or in a moment of forgetfulness.

ä  ALLAH (SWT) DOES NOT ACCEPT THE REPENTANCE of those [1] who continue indulging in sin until death draws near, [2] nor of those who die disbelieving.

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(4:16) Punish both of those among you who are guilty of this sin, then if they repent and mend their ways, leave them alone. For Allah is always ready to accept repentance. He is All-Compassionate. *26

*26. In these two verses (15-16) the first, preliminary directives for the punishment for unlawful sexual intercourse are stated. The first verse deals with women. The punishment laid down was to confine them until further directives were revealed. The second verse (i.e. 16) relates to both sexes. The injunction lays down that they should be punished - that is, they should be beaten and publicly reproached. Later, another injunction was revealed (see Surah al-Nur 24: 2) which laid down that both the male and female should be given a hundred lashes. These injunctions are necessarily of a preliminary nature since the people of Arabia were neither used to obeying the orders of any established government, the verdicts of any courts of law nor to following any legal code; it would therefore have been unwise to try to force acceptance of a penal code upon them so soon after the establishment of the Islamic state. In due course, the punishments for unlawful sexual intercourse, for slanderous accusations of unchastity against women, and for theft were laid down in their definitive form and served as the basis of that detailed penal code which was enforced by the Prophet (peace be on him) and the Rightly-Guided Caliphs.
The apparent difference between the contents of the two verses led al-Suddi to the misconceived belief that the first verse lays down the punishment for married women, and the second that for unmarried men and women. This is a tenuous explanation unsupported by any serious evidence and argument. Even less convincing is the opinion expressed by Abu Muslim al-Isfahani that the first verse relates to lesbian relations between females, and the second to homosexual relations between males. It is strange that al-Isfahani ignored the basic fact that the Qur'an seeks merely to chart a broad code of law and morality and hence deals only with fundamental questions. It is inconsistent with the majestic style of the Qur'an to discuss secondary details which have been left to people to decide through the exercise of their legal judgement. It is for this reason that when the problem of fixing a punishment for sodomy came up for consideration after the time of the Prophet (peace be on him), none of the Companions thought that the above-mentioned verse contained any relevant injunction.

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

[Q4:17] Innamat tawbatu 'alallaahi lillazeena ya'maloonas sooo'a bijahaalatin summa yatooboona min qareebin faulaaika yatoobul laahu 'alaihim; wa kaanal laahu 'Aleeman Hakeemaa.

[Q4:17] Repentance with ALLAH (SWT) is only for those who do evil in ignorance, then turn (to ALLAH (SWT) soon, so these it is to whom ALLAH (SWT) turns (mercifully), and ALLAH (SWT) is ever Knowing, Wise.

[Q4:17] Sesungguhnya penerimaan taubat itu disanggup oleh ALLAH (SwT) hanya bagi orang-orang yang melakukan kejahatan disebabkan (sifat) kejahilan kemudian mereka segera bertaubat, maka (dengan adanya dua sebab itu) mereka diterima ALLAH (SwT) taubatnya; dan (ingatlah) ALLAH (SwT) Maha Mengetahui, lagi Maha Bijaksana. 

(see commentary for verse 16)

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(4:17) (And remember that) Allah's acceptance of repentance is only for those who commit evil out of ignorance and then soon repent. It is towards such persons that Allah turns graciously. Allah is All-Knowing, All-Wise.

وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّىٰ إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الْآنَ وَلَا الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ ۚ أُولَٰئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا {4:18}

[Q4:18]  Wa laisatit tawbatu lillazeena ya'maloonas saiyiaati hattaaa izaa hadara ahadahumul mawtu qaala innee tubtul 'aana wa lallazeena yamootoona wa hum kuffaar; ulaaa'ika a'tadnaa lahum 'azaaban aleemaa.
[Q4:18] And repentance is not for those who go on doing evil deeds, until when death comes to one of them, he says: Surely now I repent; nor (for) those who die while they are unbelievers. These are they for whom We have prepared a painful chastisement.

[Q4:18] Dan tidak ada gunanya taubat itu kepada orang-orang yang selalu melakukan kejahatan, hingga apabila salah seorang dari mereka hampir mati, berkatalah ia: Sesungguhnya aku bertaubat sekarang ini, (sedang taubatnya itu sudah terlambat) dan (demikian juga halnya) orang-orang yang mati sedang mereka tetap kafir. Orang-orang yang demikian, Kami telah sediakan bagi mereka azab seksa yang tidak terperi sakitnya.

THESE TWO VERSES (17 & 18) clearly state that the acceptance of repentance in the first depends upon the intention of the sinner, i.e.,

[1] The sinner should not have done it intentionally, i.e.,

[2] In ignorance of the law of retribution.

IT IS SAID THAT EVERY SIN A ‘MOMIN’, I.E., A BELIEVER COMMITS IN SPITE OF HIS KNOWLEDGE OF THE LAW IS BASICALLY DUE TO HIS OR HER BEING DELUDED BY **SATANIC ATTRACTIONS AND **TEMPTATIONS. HOWEVER, if a sinner repents and amends his conduct soon in any case before death there is hope for his being pardoned.

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(4:18) But of no avail is repentance of those who do evil until death approaches any one of them and then he says: 'Now I repent.' Nor is the repentance of those who die in the state of unbelief of any avail to them. For them We have kept in readiness a painful chastisement. *27

*27. The Arabic word tawbah means 'to return, to come back'. A man's tawbah after he has sinned means that God's servant, who had turned away from his Master in disobedience, has repented, and has returned to obedience and service. On the other hand, tawbah on the part of God means that the attention of the Master, which had turned away from His erring servant, has once again turned towards him. In this verse, however, God makes it clear to His servants that tawbah is acceptable only from those who commit errors inadvertently and out of ignorance. Such persons will always find the door of God open for them whenever they turn to Him in repentance.
BUT this tawbah is not for those who pile sin upon sin throughout their lives in sheer indifference to God and who cry for pardon as soon as they see the angel of death approaching. The Prophet (peace be on him) has warned against this attitude in the following words: 'God accepts the repentance of a slave until the gurgling (of death) begins.' (Tirmidhi, 'Da'wat', 98; Ibn Majah, 'Zuhd', 30; Ahmad b. Hanbal, Musnad, vol. 2, pp. 132 and 153, and vol. 3, pp. 425 - Ed.) For when the last leaf of a man's book of life has been turned, what opportunity remains for a man to return to righteous conduct? Likewise, if a person spends even the very last moment of his life in a state of disbelief and then on the threshold of the Next Life he comes to discover that the facts are quite contrary to what he had imagined, what sense is there for him to seek forgiveness? 

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًا ۖ وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ ۚ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ۚ فَإِنْ كَرِهْتُمُوهُنَّ فَعَسَىٰ أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا {4:19}

[Q4:19] Yaaa aiyuhal lazeena aamanoo laa yahillu lakum an tarisun nisaaa'a karhan wa laa ta'duloohunna litazhaboo biba'di maaa aataitumoohunna illaaa ai yaateena bifaahishatim bubaiyinah; wa 'aashiroo hunna bilma'roof; fa in karihtumoohunna fa'asaaa an takrahoo shai'anw wa yaj'alal laahu feehi khairan kaseeraa.

[Q4:19] O you who believe! it is not lawful for you that you should take women as heritage against (their) will, and do not straiten them in order that you may take part of what you have given them, unless they are guilty of manifest indecency, and treat them kindly; then if you hate them, it may be that you dislike a thing while ALLAH (SWT) has placed abundant good in it.
[Q4:19] Wahai orang-orang yang beriman, tidak halal bagi kamu mewarisi perempuan-perempuan dengan jalan paksaan dan janganlah kamu menyakiti mereka (dengan menahan dan menyusahkan mereka) kerana kamu hendak mengambil balik sebahagian dari apa yang kamu telah berikan kepadanya, kecuali (apabila) mereka melakukan perbuatan keji yang nyata dan bergaulah kamu dengan mereka (isteri-isteri kamu itu) dengan cara yang baik. Kemudian jika kamu (merasai) benci kepada mereka (disebabkan tingkah-lakunya, janganlah kamu terburu-buru menceraikannya), kerana boleh jadi kamu bencikan sesuatu, sedang ALLAH (SwT) hendak menjadikan pada apa yang kamu benci itu kebaikan yang banyak (untuk kamu).

In pagan Arabia, widows were divided amongst the heirs of a deceased as goods and cattle.

§  The heir either married the widow to some one else and kept her dower, or refused to let her marry unless he was paid a handsome amount as a settlement, or else married her himself.

§  Another manoeuvring was to harass the wives by imprisoning them in their houses in order that they might be forced to claim separation and thus to relinquish their dower or their inheritance. All such barbaric customs were swept aside by this verse.

§  If the wife is at fault, then it is she who must relinquish her dower, whole or in part, to obtain separation.

For details refer to fiqh.

Understanding the biological handicaps of women, men should live with them with tolerance and justice, even if they do not love them, BECAUSE MEN MAY NOT LIKE A THING, YET ALLAH (SWT) MIGHT HAVE ENDUED IT WITH GOODNESS.

Ü  LOVE, JUSTICE, GOODWILL and FAIR TREATMENT is the essence of the matrimonial code of Islam.

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(4:19) Believers! It is not lawful for you to become heirs to women against their will. *28 It is not lawful that you should put constraint upon them that you may take away anything of what you have given them; (you may not put constraint upon them) unless they are guilty of brazenly immoral conduct. *29 Live with your wives in a good manner. If you dislike them in any manner, it may be that you dislike something in which Allah has placed much good for you. *30

*28. This means that the relatives of the husband should not treat the widow of the deceased as if she were a part of the inheritance and begin imposing their will on her. Upon the death of her husband a woman becomes independent. As soon as her legally-prescribed period of waiting ends, she is free to go to wherever she likes and to marry anyone she wishes. 
*29. This permission is intended not in order to provide them with an excuse to misappropriate her property but to exercise a restraint on her conduct and prevent her from lewdness. 
*30. This means that if the wife is either not beautiful or has some shortcoming because of which she does not seem attractive enough to her husband, the latter should not suddenly decide, in a fit of rage and disgust, to part with her. Rather he should act with patience and forbearance. It often happens that a woman lacks physical attraction but has other qualities which are of much greater value for the success of married life. Hence if such a woman finds the opportunity to express her qualities, the same husband who initially felt revulsion towards her becomes captivated by her attractive conduct and character. Sometimes in the early stages of married life a husband dislikes certain things in his wife, and this initial dislike may even grow to revulsion. Were a man to be patient and allow all the potentialities of the woman to be realized, it would become evident to him that her merits outweighed her weaknesses. Hence a man's haste in taking the decision to rupture the matrimonial bond is not praiseworthy. Repudiation of marriage should be a man's last resort, a resort towards which he should turn only in unavoidable circumstances. The Prophet (peace be on him) has said: For God, divorce is the most reprehensible of all lawful things.' (Abu Da'ud, Talaq', 3; Ibn Majah, 'Talaq', 1 - Ed.) In another tradition the Prophet (peace be on him) said: 'Marry and do not go about divorcing. For God does not like men and women who keep on changing partners merely for a change of taste.' (al-Tabrani, cited by 'Ajluni in Kashf al-Khifa. vol. 1, p. 304 - Ed.) 

وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا {4:20}

[Q4:20] Wa in arattumustib daala zawjim makaana zawjin wa aataitum ihdaahunna qintaaran falaa taakhuzoo minhu shai'aa; ataakhuzoonahoo buhtaannanw wa ismam mubeenaa.

[Q4:20] And if you wish to have (one) wife in place of another and you have given one of them a heap of gold, then take not from it anything; would you take it by slandering (her) and (doing her) manifest wrong?
[Q4:20] Dan jika kamu hendak mengambil isteri (baru) menggantikan isteri (lama yang kamu ceraikan) sedang kamu telahpun memberikan kepada seseorang di antaranya (isteri yang diceraikan itu) harta yang banyak, maka janganlah kamu mengambil sedikitpun dari harta itu. Patutkah kamu mengambilnya dengan cara yang tidak benar dan (yang menyebabkan) dosa yang nyata? 

IT IS PROHIBITED TO FALSELY ACCUSE a woman of adultery to obtain a divorce by forfeiting her dowry. For details refer to fiqh.

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(4:20) And if you decide to dispense with a wife in order to take another, do not take away anything of what you might have given the first one, even if you had given her a heap of gold. Would you take it back by slandering her and committing a manifest wrong?