SURAH AN-NISA (AYAH 21 to 30)

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا {4:21}

[Q4:21] Wa kaifa taakhuzoonahoo wa qad afdaa ba'dukum ilaa ba'dinw wa akhazna minkum meesaaqan ghaleezaa. 

[Q4:21] And how can you take it when one of you has already gone in to the other and they have made with you a firm covenant?
[Q4:21] Dan bagaimana kamu tergamak mengambil balik pemberian itu padahal kasih mesra kamu telah terjalin antara satu dengan yang lain dan mereka pula (isteri-isteri kamu itu) telahpun mengambil perjanjian yang kuat daripada kamu? 

(see commentary for verse 20)

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(4:21) How can you take it away after each one has enjoyed the other, and they have taken a firm covenant from you? *31

*31. The 'firm covenant' in this verse refers to marriage. For marriage is a firm covenant of fidelity. It is only because a woman has faith in the firmness of this covenant that she entrusts herself to a man. If a man decides of his own will to break it, he has no right to withdraw the amount he offered his wife by way of bridal-due at the time of entering into that covenant. (See Towards Understanding the Qur'an, vol. I, Surah 2, n. 251.)

وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا {4:22}

[Q4:22]  Wa laa tankihoo maa nakaha aabaaa'ukum minan nisaaa'i illaa maa qad salaf; inahoo kaana faahishatanw wa maqtanw wa saaa'a sabeelaa.

[Q4:22] And marry not woman whom your fathers married, except what has already passed; this surely is indecent and hateful, and it is an evil way.
[Q4:22] Dan janganlah kamu berkahwin (dengan perempuan-perempuan) yang telah diperisterikan oleh bapa kamu kecuali apa yang telah berlaku pada masa yang lalu. Sesungguhnya perbuatan itu adalah satu perkara yang keji dan dibenci (oleh ALLAH (SwT)), serta menjadi seburuk-buruk jalan (yang dilalui dalam perkahwinan). 

It has been prohibited to marry the women who were the wives of one's father.

THIS DISGRACEFUL PRACTICE obtained in some low families in the form of inheriting father’s woman as his property (verse 19 above) “Except what has already passed.” This should not be held to mean that marriages of this kind contracted before this prohibition were allowed to continue. There were no such marriages ever made by the Musliman though it is possible that owing to the promiscuous incest in the days of ignorance some may have married women who had sometimes been with their parents or ancestors in the days of ignorance. Such cases were considered illegitimate, or looked down with contempt as having a base ancestry. Such was the ancestry of some of those who posed as religious leaders, after the HOLY PROPHET (ALLAHuma sali ala Muhammad wa ala ali Muhammad).

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

*32. The Qur'an rounds off all statements prohibiting the objectionable features of the social life of the Jahiliyah period by condoning violations of those prohibitions prior to their revelation: 'What is past is past.' This has two meanings. First, that those concerned would not be punished for mistakes committed in their state of Ignorance, providing they rectified their conduct after the prohibitory injunction had been revealed. Second, that the prohibition of any ancient custom, usage and law did not mean that all acts which took place in the past would be nullified, and that all the consequences of those acts would be deemed void, and people absolved of all the obligations which ensued from them. If marriage with the step-mother, for instance, was prohibited it did not necessarily follow that the children of all such marriages which had been contracted in the past were to be reckoned illegitimate, and that the offspring from such marriages would be disinherited. Similarly, if a certain transaction was declared unlawful it did not mean that all such transactions which had taken place prior to the prohibition should be deemed void and that all the earnings of people accumulated through those transactions would be either seized or declared illegitimate property. 
*33. In Islamic law marrying women who fall in the prohibited degrees of marriage is a recognized criminal offence. According to traditions in the Hadith collections of Abu Da'ud, Nasa'i and Ahmad b. Hanbal, people guilty of this offence were punished by the Prophet (peace be on him) with death and confiscation of property. It appears from the tradition related by Ibn 'Abbas (found in the collection of Ibn Majah), that the Prophet (peace be on him) had devised the following general rule: 'Kill whosoever commits sexual intercourse with a woman forbidden to him' (Ibn Majah; 'Hudud', 13, 35; also Ahmad b. Hanbal, Musnad, vol. 1, p. 300 - Ed.) There is some disagreement, however, among jurists on this question. Ahmad b. Hanbal is of the opinion that the convicted person should be put to death and his property confiscated. Abu Hanifah, Malik and Shafi'i are of the opinion that if a person commits sexual intercourse with a woman within the prohibited degrees he should be punished for adultery; and if he merely marries (but has not actually had sexual intercourse - Ed.) he should be subjected to severe punishment.

SECTION 4

Women who may be taken in wedlock

Unlawful to wed blood and foster relations---Not to marry two sisters at a time---To marry free women---Laws regards wedding slave girls.

حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا {4:23}

[Q4:23] Hurrimat 'alaikum umma haatukum wa bannaatukum wa akhawaatukum wa 'ammaatukum wa khaalaatukum wa banaatul akhi wa banaatul ukhti wa ummahaatu kumul laateee arda' nakum wa akhawaatukum minarradaa'ati wa ummahaatu nisaaa'ikum wa rabaaa'i bukumul laatee fee hujoorikum min nisaaa'ikumul laatee dakhaltum bihinna Fa il lam takoonoo dakhaltum bihina falaa junaaha 'alaikum wa halaaa'ilu abnaaa'ikumul lazeena min aslaabikum wa an tajma'oo bainal ukhtaini illaa maa qad salaf; innallaaha kaana Ghafoorar Raheema;

[Q4:23] Forbidden to you are your mothers and your daughters and your sisters and your paternal aunts and your maternal aunts and brothers' daughters and sisters' daughters and your mothers that have suckled you and your foster-sisters and mothers of your wives and your step-daughters who are in your guardianship, (born) of your wives to whom you have gone in, but if you have not gone in to them, there is no blame on you (in marrying them), and the wives of your sons who are of your own loins and that you should have two sisters together, except what has already passed; surely ALLAH (SWT) is Forgiving, Merciful.
[Q4:23] Diharamkan kepada kamu berkahwin dengan (perempuan-perempuan yang berikut): ibu-ibu kamu dan anak-anak kamu dan saudara-saudara kamu dan saudara-saudara bapa kamu dan saudara-saudara ibu kamu dan anak-anak saudara kamu yang lelaki, dan anak-anak saudara kamu yang perempuan dan ibu-ibu kamu yang telah menyusukan kamu dan saudara-saudara susuan kamu dan ibu-ibu isteri kamu dan anak-anak tiri yang dalam pemuliharaan kamu dari isteri-isteri yang kamu telah campuri; tetapi kalau kamu belum campuri mereka (isteri kamu) itu (dan kamu telahpun menceraikan mereka), maka tiadalah salah kamu (berkahwin dengannya) dan (haram juga kamu berkahwin dengan) bekas isteri anak-anak kamu sendiri yang berasal dari benih kamu dan diharamkan kamu menghimpunkan dua beradik sekali (untuk menjadi isteri-isteri kamu), kecuali yang telah berlaku pada masa yang lalu. Sesungguhnya ALLAH (SwT) adalah Maha Pengampun, lagi Maha Mengasihani.

THIS VERSE CONTAINS THE LIST OF WOMEN WHOM ONE CANNOT MARRY. For details refer to fiqh.

For comparison refer to Leviticus 18: 6 to 18.

6. “none of you shall approach to any that is near of kin to him, to uncover their nakedness: I am the Lord.”

7. “the nakedness of thy father, or the nakedness of thy mother, shalt thou not uncover: she is thy mother; thou shalt not uncover her nakedness.

8. “the nakedness of thy father’s wife shalt thou not uncover: it is thy father’s nakedness.”

9. The nakedness of thy sister, the daughter of thy father, or daughter of thy mother, whether she be born of thy mother, whether she be born at home, or born abroad, even their nakedness thou shalt not uncover.

10. …………………………….

18. “neither shalt thou take a wife to her sister, to vex her, to uncover her nakedness, beside the other in her lifetime.”

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(4:23) Forbidden to you are your mothers, *34 your daughters, *35 your sisters, *36 your father's sisters and your mother's sisters, your brother's daughters and your sister's daughters, *37 your milk-mothers, your milk-sisters, *38 the mothers of your wives, *39 and the stepdaughters - who are your foster-children, *40 born of your wives with whom you have consummated the marriage; but if you have not consummated the marriage with them, there will be no blame upon you (if you marry their daughters). It is also forbidden for you to take the wives of the sons who have sprung from your loins *41 and to take two sisters together in marriage, *42 although what is past is past. Surely Allah is All-Forgiving, All-Compassionate. *43

*34. The word 'mother' applies to one's step-mother as well as to one's real mother. Hence the prohibition extends to both. This injunction also includes prohibition of the grandmother, both paternal and maternal. There is disagreement on whether a woman with whom a father has had an unlawful sexual relationship is prohibited to his son or not. There are some among the early authorities who do not believe in such prohibition. But there are others who go so far as to say that a woman whom a father has touched with sexual desire becomes prohibited to the son. Likewise, there is disagreement among the scholars of the early period of Islam in regard to a woman with whom a person has had an illegitimate sexual relationship whether she is prohibited to his father or not. In the same way there has been disagreement in regard to a man with whom a mother or daughter has had an illegitimate sexual relationship, whether or not marriage with him is prohibited for both the mother and daughter. (See Jassas, vol. 2, pp. 113 ff., and Bidayat al-Mujtahid, vol. 2, pp. 33 f. - Ed.) There is a great deal of formal, legal discussion on this point. But even a little reflection makes it evident that if a man marries a woman who is at once the object of the desire of either his father or his son, and if a man marries a woman and is attracted to either her mother or daughter, this militates against the requirements of a righteous society. The spirit of the Law is opposed to the legal hair-splitting which makes a distinction between sexual relations that take place either within the marital framework or outside it, and between either touching or looking with desire and so on. The plain fact is that if the sexual passions of both the father and the son are focused on the same woman, or conversely, if the sexual passions of both the mother and daughter are focused on the same man, this situation is full of evil and mischief for family life and the Law can never tolerate it. The Prophet (peace be on him) has said: 'Whoever looks at the genitals of a woman, both the mother and daughter of that woman become prohibited for him.' In another tradition, the Prophet (peace-be on him) said: 'God will not even care to look at the person who casts his look at the genitals of a woman as well as those of her daughter.' (Jassas, Ahkam al-Qur'an, vol. IV, p. 141.) These traditions bring out the intent of the Law very clearly. 
*35. The injunction with regard to daughters applies to grand-daughters on both the paternal and maternal sides as well. There is disagreement, however, whether a daughter born of an illegitimate relationship becomes prohibited or not. According to Abu Hanifah, Malik and Ahmad b. Hanbal such a daughter is prohibited in the same way as a daughter born in wedlock; Shafi'i, however, is of the opinion that such daughters are not prohibited. The very idea, however, of marrying a girl who was born of one's own semen would be repulsive to any decent person.
*36. This applies to full sisters as well as to half-sisters.
*37. In all these relationships, no distinction is made between the full and step-relationships. The sister of a man's father or mother, whether full sister or step-sister, is prohibited to him. Likewise, the daughters of a man's brothers and sisters are prohibited just as if they were one's own daughters. (See Bidayat al-Mujtahid, vol. 2, pp. 31 ff. - Ed.) 
*38. There is consensus among Muslims that if a boy or girl is breast-fed by a woman, that woman attains the status of mother, and her husband the status of father. It is forbidden to marry relatives through milk where the degree of relationship is such as /to constitute a bar to marriage in the case of blood-relations. The basis of this rule is the saying of the Prophet (peace be on him): 'Whatever is rendered prohibited by descent (nasab) is likewise rendered prohibited by breast-feeding.' (Bukhari, 'Shahadat', 4, 7,13,14; Muslim, 'Rida'ah', 1-14,26-30; etc. - Ed.) According to Abu Hanifah and Malik prohibition is established if a child suckles milk from a woman's breast equal to that minimum quantity which nullifies fasting. But according to Ahmad b. Hanbal, it is established by three sucklings; and according to Shafi'i by five. There is also disagreement about the maximum age up to which breast-feeding leads to prohibition of marriage with the woman concerned. In this connection, jurists have expressed the following opinions: 
(1) Suckling is of legal significance only when it occurs before a child has been weaned, and when milk is its main source of nourishment. If a child suckles from a woman's breast after having been weaned, this is legally no different from drinking anything else. This is the opinion of Umm Salamah and Ibn 'Abbas, and a tradition to this effect has also been reported from 'Ali. This is also the view of al-Zuhri, Hasan al-Basri, Qatadah, 'Ikrimah and Awza'i. 
(2) Prohibition is established by breast-feeding during the first two years of a child's life. This is the view of 'Umar, Ibn Mas'ud, Abu Hurayrah and 'Abd Allah b. 'Umar. Among jurists, Shafi'i, Ahmad b. Hanbal, Abu Yusuf, Muhammad b. al-Hasan al-Shaybani and Sufyan al-Thawri followed this view; and according to a report, so did Abu Hanifah. Malik largely followed this view, but he was of the opinion that if breast-feeding took place a month or two after the age of two, the prohibition would still remain in effect.
(3) The generally-reported opinion of Abu Hanifah and Zufar is that a bar to marriage is created by breast-feeding up to an age limit of two and a half years. 
(4) Some other jurists are of the opinion that the prohibition comes into effect irrespective of the age when breast-feeding takes place. This opinion is based on the view that the effective cause of the prohibition is a woman's milk, rather than the age of the person fed. Hence, even in the case of an older person, the same prohibition would apply as in the case of an infant. This is the view of 'A'ishah and this has been supported on the basis of a tradition from 'Ali, which is presumably .authentic. Among the jurists this opinion has been followed by 'Urwah b. al-Zubayr, 'Ata', Layth b. Sa'd and Ibn Hazm. (On this subject see Jassas, vol. 2, pp. 124 ff.; and Ibn Rushd, Biddyat al-Mujtahid, vol. 2,'pp'. 35 ff. -Ed.)
*39. There is disagreement about prohibition in respect of the mother of the woman with whom one has merely contracted marriage (without having consummated it). Abu Hanifah, Malik, Ahmad b. Hanbal and Shafi'i believe that such a relationship is prohibited. 'Ali, however, holds the opinion that unless the marriage has been consummated the mother of one's wife does not become prohibited. 
*40. The prohibitive restriction in regard to such girls is not based on the consideration of their having been brought up in the house of a step-father. The reference to the child's upbringing in his house points to the delicacy of this relationship. The jurists are almost unanimous that it is prohibited to marry one's step-daughter irrespective of whether or not she has been raised in the step-father's house. 
*41. This restriction has been added because the widow of one's adopted son is, according to Islam, not prohibited. It is only the wife of one's own son who is prohibited. Likewise, the wives of grandsons (paternal and maternal) are prohibited to grandfathers (on both the mother's and father's side).
*42. The Prophet (peace be on him) has taught that it is prohibited for a man to combine in marriage an aunt - whether maternal or paternal - with her niece. The guiding principle is that it is prohibited to have as wives two women who, if one were male, would be prohibited to each other. (See Bidayat al-Mujtahid, vol. 2, p. 41 - Ed.)
*43. This is an assurance that God would not call them to task for such misdeeds of the Jahiliyah period as combining two sisters in matrimony, provided they abstained from doing so in the future. (See also n. 32 above.) For this reason a man with two sisters as his wives is required to divorce one of them when he embraces Islam. 

وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ ۖ كِتَابَ اللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَٰلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ ۚ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ ۚ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا {4:24}

[Q4:24] Walmuhsanaatu minan nisaaa'i illaa maa malakat aimaanukum kitaabal laahi 'alaikum; wa uhilla lakum maa waraaa'a zaalikum an tabtaghoo bi amwaali kum muhsineena ghaira musaa fiheen; famastamta'tum bihee minhunna fa aatoohunna ujoorahunna fareedah; wa laa junaaha 'alaikum feemaa taraadaitum bihee mim ba'dil fareedah; innal laaha kaana 'Aleeman Hakeemaa.
[Q4:24] And all married women except those whom your right hands possess (this is) ALLAH (SWT)'s ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely ALLAH (SWT) is Knowing, Wise. 

[Q4:24] Dan (diharamkan juga kamu berkahwin dengan) perempuan-perempuan isteri orang, kecuali hamba sahaya yang kamu miliki. (Haramnya segala yang tersebut itu) ialah suatu ketetapan hukum ALLAH (SwT) (yang diwajibkan) atas kamu dan (sebaliknya) dihalalkan bagi kamu perempuan-perempuan yang lain daripada yang tersebut itu, untuk kamu mencari (isteri) dengan harta kamu secara bernikah, bukan secara berzina. Kemudian mana-mana perempuan yang kamu nikmati percampuran dengannya (setelah dia menjadi isteri kamu), maka berikanlah kepada mereka mas kahwinnya (dengan sempurna), sebagai suatu ketetapan (yang diwajibkan oleh ALLAH (SwT)) dan tiadalah kamu berdosa mengenai sesuatu persetujuan yang telah dicapai bersama oleh kamu (suami isteri), sesudah ditetapkan mas kahwin itu (tentang cara dan kadar pembayarannya). Sesungguhnya ALLAH (SwT) Maha Mengetahui, lagi Maha Bijaksana. 

Muhsanat means well-guarded or protected. They are married women (free and slave), minors and insane females.

"Save those whom your right hands own" signifies "such married women as shall come in your possession as prisoners of war". Such women, when not taken back on payment of ransom or through negotiation, are lawful as wives, even though their previous marriage has not been formally dissolved, PROVIDED the infidel woman becomes a Muslim.

Ì  FAMASTAMTA-TUM BIHI PROVIDES FOR A TEMPORARY MARRIAGE, KNOWN AS MUTA. It has been specifically made lawful by the Qur’an and the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad), therefore, this provision subsists as unrescinded.

     **ONE DAY, FOR NO REASON AT ALL, and having no authority to amend a law given and practised by the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad), the second caliph declared from the pulpit: "Two mutas (temporary marriage and combining hajj with umra) were in force during the time of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad), BUT NOW I DECREE both of them as unlawful; and I will punish those who practise them." (Tafsir Kabir, Durr al-Manthur, Kashshaf, Mustadrak and others).

‘According to Tirmidhi’ even his son, Ibn Umar, refused to agree with his father's action BECAUSE it was made lawful by ALLAH (SWT) and His Prophet, whose pronouncements could never be revoked by any one after him.

THEREFORE the Shia school of thought (Islam-original) holds both the mutas lawful. Ali ibne Abi Talib reversed the uncalled-for innovation of the second caliph, and thereafter it was never again prohibited.

“Rather than this historical treatment, it may be better to consider the question of Mu’ta’ a marriage from an ethical point of view. That it is an inferior form of marriage is admitted. See the discourse of the divine Hisham or this in ‘Kafi.’ It is thus not desirable unless there exist special reasons and circumstances calling for it and making the normal permanent marriage undesirable. Such circumstances do arise, everyone knows.

     Thousands of persons are obliged to remain for long periods away from home and are forced for various reasons to leave their wives home. To deny a temporary marriage to them is either to force them to clandestine practices. The former is always difficult in the case of ordinary people, but even if it is observed it has no ethical values unless the thoughts are kept pure.

     Religion may preach this, but Law has to deal with actual facts of life and must make provision for all possible necessities. Moreover, conditions may arise when such cases are not infrequent; indeed sometimes cases arise where a permanent marriage is possible, but is extremely undesirable; only a short temporary marriage is possible---and a necessity. Besides all this there are men and women who are in fact incapable of permanent marriage for which a permanent wedlock is nothing but misery, who cannot manage to keep it; cannot be happy in it.

     Marriage requires certain mellowness in temper and temperament which many people are much too destitute of. Practical Eugenics suggests other reasons which it would be rather too long to discuss. Anybody can read about them. How, I say, can Law close its eyes to such a glaring mass of necessities and requirements before it? A law which ignores these is simply a victim of fate sentimentation, and Islam begs to be excused of this.

     It is very well to talk of deal perfection in moral precepts; but when this comes to making laws out of them, nothing but evil can result. What is the result of the high ideal or marriage boasted of in Christianity. I will not make mentioned of Paris or America city or any country and read the percentage of illegitimate births there. Of 191, 172 births in Belgium in 1904, 12’887 or 6.7 per cent were illegitimate. (Ency. Britt. 11th Ed.) Illegitimate births in Berlin amount to about 15 percent of the whole (ibid). These numbers speak for themselves and surely it is madness to ignore them. Surely all these illicit connections are not due to mere profligacy, many of them are due to dire necessity where permanent marriage has been impossible or not desirable.

     As to divorce, which is considered as tantamount to causing adultery in Christian religion, anybody can read any day in the newspapers of divorces claimed and granted for the most trivial reasons. Recently a divorce has been used for quarrels arising from the husband using wrong grammar or colloquial English. This is the curse that Christian labours under, for abolishing the law and confining religion to moral precepts. Islam does not which to boast of this. It wants to regulate things for all time, and it cannot do this without seeing to all possible contingencies.

     The flagrant growth of immorality in Christian countries, despite its grave denunciation from the pulpit, is evidence that not only is the moral teaching imperfect, but it is becoming all the more unsuited to the growing civilisation. Clearly Islam, if it means to be a final religion for the world, must see to this. Nothing can be crueler than to marry one day on promise of an all-life union and to cast away the next day on some fantastic reason. If one is not fully resolved for this at all costs it is infinitely better for him to marry for short periods, and extend time later if it suits them so that the other party may know of its true position. It wants that persons who are not sure that they will abide by their contract for their whole life should not deceive the other by an unexpected divorce. It is really meant to put a stop to this nasty practice which is so much growing in this modern civilisation.

¤         It is reported of Amiril-Momineen Ali ibne Abi Talib having declared “If Omar had not declared Muta’a as unlawful, only some unfortunate fellow would have committed adultery.”

¤         It is reported that Jabir ibne Abdullah had said “We practice ‘Muta’a during the time of the HOLY PROPHET (ALLAHuma sali ala Muhammad wa ala ali Muhammad), during the Kalifate of Abu Bakr and until half the term of Omar’s regime as a Kalif when Omar declared it as unlawful and shall punish whosoever practices them. (D.M. Tafsie-e-Kabir Kashshaf, Ma’alimutTanzil, Mustadsak etc.)

The Maliki school of thought also holds muta as lawful.

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(4:24) And also forbidden to you are all married women (muhsanat) except those women whom your right hands have come to possess (as a result of war). *44 This is Allah's decree and it is binding upon you. But it is lawful for you to seek out all women except these, offering them your wealth and the protection of wedlock rather than using them for the unfettered satisfaction of lust. And in exchange of what you enjoy by marrying them pay their bridal-due as an obligation. But there is no blame on you if you mutually agree to alter the settlement after it has been made. Surely Allah is All-Knowing, All-Wise.

*44. Women who come as captives of war, leaving their husbands behind in Dar al-Harb (Domain of War), are not prohibited, for their marriage is nullified by virtue of their entry into Dar al-Islam (Domain of Islam). A man may marry such women and, if they happen to be his slave-girls, he may have sexual relations with them. There is disagreement, however, among jurists as to what should be done if both husband and wife have been taken captive together. Abu Hanifah and the jurists of his school are of the opinion that their marriage should remain intact. Malik and Shafi'i, on the other hand, argue that their matrimonial contract should be rendered void.
Many misunderstandings seem to persist about the right to have sexual relations with one's slave-girls. It is pertinent to call attention to the following regulations of Islam:
(1) Islam does not permit soldiers of the Islamic army to have sexual relations with women they capture in war. Islamic Law requires that such women should first be handed over to the government, which then has the right to decide what should be done with them. It may either set them free unconditionally, release them on payment of ransom, exchange them for Muslim prisoners of war held by the enemy or distribute them among the soldiers. A soldier may have sexual relations only with that woman who has been entrusted to him by the government.
(2) Even then, he may not have sexual relations with her until at least one menstrual period has expired; this is in order to establish that she is not already pregnant. If the woman concerned is pregnant one may not have sexual relations with her until after the birth of her child. 
(3) It is not necessary for female captives of war to be People of the Book in order that sexual relations with them be permitted. The man to whom such a woman is entrusted has the right to have sexual relations with her regardless of her religious affiliations.
(4) Only that person to whom a female captive has been entrusted has the right to have sexual relations with her. Any child born to her will be regarded as the legitimate child of her master, and will be entitled to all the rights laid down by the Law for one's issue. Moreover, once such a woman has given birth to a child she may not be sold to anyone, and on the death of her master she automatically becomes a free person.
(5) If the master allows the woman to marry someone else he ceases to have the right to sexual relations with her but retains the right to have her serve him in other ways. 
(6) Although the Law has fixed the maximum number of wives at four, it has set no limit with regard to slave-girls. The Law does not lay down a limit in order to encourage people to accumulate huge armies of slave-girls, and thereby turn their homes into dens of sexual enjoyment. Rather the Law does not define the limit because the effects of war and the total number of female captives that would have to be disposed of after a certain war are unpredictable. 
(7) In the same way as other rights of property are transferable, so are the proprietary rights regarding the captives of war that have been legally entrusted to a man by the state. 
(8) Since the regular conferment of property rights is as legal an act as that of marriage, there is no basis for a person who feels no revulsion towards the idea of marriage to feel revulsion towards the idea of having sexual relations with a slave-girl duly entrusted to him. 
(9) If a government confers proprietary rights to a man over a female captive of war it forfeits the right to withdraw those rights in the same way as the guardian (wali) of a woman ceases to have the right to withdraw his agreement to the marriage proposal after the marriage has been contracted.
(10) If a military commander permitted his soldiers to temporarily use the female captives as objects of sexual desire and distributed them among the soldiers for that purpose, such an act would be considered unlawful by Islamic Law. Such an act is not essentially different from fornication or adultery. For details see my book Tafhimat, vol. 2, pp. 366-84, and Rasai'il wa Masa'il, 6th edition, Lahore, 1976, vol. 3, pp. 102-4. 

وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِنْ مَا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِ ۚ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُمْ ۚ بَعْضُكُمْ مِنْ بَعْضٍ ۚ فَانْكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ ۚ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ ۚ وَأَنْ تَصْبِرُوا خَيْرٌ لَكُمْ ۗ وَاللَّهُ غَفُورٌ رَحِيمٌ {4:25}

[Q4:25] Wa mal lam yastati' minkum tawlan ai yankihal muhsanaatil mu'minaati famimmaa malakat aimaanukum min fatayaatikumul mu'minaat; wallaahu a'lamu bi eemaanikum; ba'dukum mim ba'd; fankihoohunna bi izni ahlihinna wa aatoohunna ujoorahunna bilma'roofi muhsanaatin ghaira musaa fihaatinw wa laa muttakhizaati akhdaan; fa izaaa uhsinna fa in ataina bifaahi shatin fa'alaihinnna nisfu maa 'alal muhsanaati minal 'azaab; zaalika liman khashiyal 'anata minkum; wa an tasbiroo khairul lakum; wallaahu Ghafoorur Raheem.
[Q4:25] And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and ALLAH (SWT) knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and ALLAH (SWT) is Forgiving, Merciful.

[Q4:25] Dan sesiapa di antara kamu yang tidak mempunyai kemampuan yang cukup untuk berkahwin dengan perempuan-perempuan yang baik-baik (yang merdeka, yang terpelihara kehormatannya) lagi beriman, maka bolehlah kamu berkahwin dengan hamba-hamba perempuan yang beriman yang kamu miliki dan ALLAH (SwT) lebih mengetahui akan iman kamu; kamu masing-masing (suami yang merdeka dan isteri dari hamba abdi itu) adalah berasal sama (dari Adam dan seagama pula). Oleh itu berkahwinlah dengan mereka dengan izin walinya serta berikanlah mas kahwinnya menurut yang patut. Mereka (hamba-hamba perempuan yang akan dijadikan isteri, hendaklah) yang sopan bukan perempuan-perempuan lacur dan bukan pula yang mengambil lelaki sebagai teman simpanan. Kemudian setelah mereka (hamba-hamba perempuan itu) berkahwin, lalu mereka melakukan perbuatan keji (zina), maka mereka dikenakan separuh dari (hukuman) seksa yang ditetapkan ke atas perempuan-perempuan yang merdeka. (Hukum perkahwinan) yang demikian (yang membolehkan seseorang berkahwin dengan hamba-hamba perempuan) itu ialah bagi orang-orang yang bimbang melakukan zina di antara kamu dan sabarnya kamu (tidak berkahwin dengan hamba-hamba perempuan) itu adalah lebih baik bagi kamu dan (ingatlah), ALLAH (SwT) Maha Pengampun, lagi Maha Mengasihani.

Those who do not afford to marry a free believing woman AND fear to fall into sin of adultery can marry a believing bondswoman, with the consent of her guardian and after paying the dowry to her.

¥  "ALLAH (SWT) knows best your faith" implies that a bondswoman may be more honourable with her Lord than her free husband.

IF THE MARRIED BONDSWOMAN IS GUILTY OF ADULTERY INFLICT ON HER HALF THE PUNISHMENT ENJOINED FOR FREE WOMEN.

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

*45. The difference between the status of people is relative. All Muslims are alike. If there is any true distinction its basis is a person's faith and faith is not an exclusive privilege of the rich or so-called upper classes of the society. So it is possible for a slave-girl to be superior, in respect of her faith and morals, to a woman belonging to the elite of a society. 
*46. A superficial reading of this verse can lead to the mistaken conclusion, as Khawarij and others have done, that stoning is not the prescribed punishment for adultery. Such people ask: If stoning is the prescribed punishment for extra-marital sexual intercourse, then how is it possible to halve that punishment with regard to slave-girls? Such people have not noted carefully the wording of this verse. In this section (see verses 24-5) the term muhsanat (protected women) is used in two different meanings. First, it is used in the sense of 'married women', that is, those who enjoy the protection of their husbands. Second, it is used in the sense of 'women belonging to families', i.e. those who enjoy the protection of families even though they may not be married. In the verse under discussion, the word muhsanat is used in the latter sense, i.e. in the sense of women who enjoy the protection of families as opposed to slave-girls. At the same time, the word is also used in the first meaning, when slave-girls have acquired the protection accorded by the contract of marriage (fa idha uhsinna), they will be liable to the punishment laid down in this verse if they have unlawful Sexual intercourse.
It is therefore apparent that a free woman enjoys two kinds of protection. One is the protection of her family through which she remains protected even when she is not married. The second is the protection of her husband, which reinforces the protection of the family that she already enjoys. As long as the slave-girl remains a slave, she does not enjoy the protection of the family. However, when she is married she has the protection of her husband - and of her husband alone. This protection is partial. Even after marriage she is neither liberated from the bond of her master nor does she attain the status enjoyed by free women. The punishment prescribed for a married slave-girl is accordingly half the punishment of an unmarried free woman rather than half that of a married free woman.
This also explains that the punishment for unlawful sexual intercourse (zina) laid down in Surah al-Nur 24: 2 refers to the offence committed by unmarried free women alone, and it is in comparison with their punishment that the punishment of married slave women has been laid down as half. As for free married women, they deserve more severe punishment than the unmarried free women (muhsanat) for they violate the double protection. Even though the Qur'an does not specifically mention punishment by stoning it does allude to it in a subtle manner.
*47. That is, if a man cannot afford to marry a free woman then he should marry a slave-girl with the permission of her master. 

SECTION 5

Women’s rights over her property

Prespect pf rights of property and life---Woman has much right over her property as man---Similarly in the matter of inheritance.

يُرِيدُ اللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ الَّذِينَ مِنْ قَبْلِكُمْ وَيَتُوبَ عَلَيْكُمْ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ {4:26}

[Q4:26] Yureedul laahu liyubai yina lakum wa yahdiyakum sunanal lazeena min qablikum wa yatooba 'alaikum; wallaahu 'Aleemun Hakeem.
[Q4:26] ALLAH (SWT) desires to explain to you, and to guide you into the ways of those before you, and to turn to you (mercifully), and ALLAH (SWT) is Knowing, Wise.

[Q4:26] ALLAH (SwT) menghendaki (dengan apa yang telah diharamkan dan dihalalkan dari kaum perempuan itu) ialah untuk menerangkan (SyariatNya) dan untuk menunjukkan kepada kamu jalan-jalan aturan orang-orang yang dahulu daripada kamu (Nabi-nabi dan orang-orang yang soleh, supaya kamu mengikutinya) dan juga untuk menerima taubat kamu dan (ingatlah) ALLAH (SwT) Maha Mengetahui, lagi Maha Bijaksana. 

From Adam to Muhammad THE RIGHT PATH UNTO ALLAH (SWT) REMAINED THE SAME, SO THE TENDENCY OF MAN TO REBEL AGAINST THE DIVINE AUTHORITY ALSO DID NOT CHANGE.

Ø  The Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) said:

"You will continue to walk on the path of earlier people of the book. If they had crept into the hole of a lizard, you will also do as they did."

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(4:26) Allah wants to make all this clear to you, and to guide you to the ways which the righteous have followed in the past. He will turn graciously towards you. Allah is All-Knowing, All-Wise. *48

*48. Here a general reference is made to the directives embodied in this surah, as well as those revealed earlier in Surah al-Baqarah and which deal with social and collective matters. It is stressed that these directives reveal those lasting principles observed by the Prophets and their followers from the earliest times. It is merely out of His grace and benevolence that God liberated them from their state of Ignorance (Jahiliyah) and opened to them the way of life of the righteous. 

وَاللَّهُ يُرِيدُ أَنْ يَتُوبَ عَلَيْكُمْ وَيُرِيدُ الَّذِينَ يَتَّبِعُونَ الشَّهَوَاتِ أَنْ تَمِيلُوا مَيْلًا عَظِيمًا {4:27}

[Q4:27]  Wallaahu yureedu ai yatooba 'alaikum wa yureedul lazeena yattabi 'oonash shahawaati an tameeloo mailan 'azeemaa.
[Q4:27] And ALLAH (SWT) desires that He should turn to you (mercifully), and those who follow (their) lusts desire that you should deviate (with) a great deviation.

[Q4:27] Dan ALLAH (SwT) hendak (membersihkan kamu dari dosa dengan) menerima taubat kamu, sedang orang-orang (yang fasik) yang menurut keinginan hawa nafsu (yang diharamkan oleh ALLAH (SwT) itu) hendak mendorong kamu supaya kamu menyeleweng (dari kebenaran) dengan penyelewengan yang besar bahayanya. 

ALLAH (SWT) DESIRES TO BESTOW HIS GRACE ON HIS CREATURES BY SHOWING THEM THE RIGHT PATH, but those who are lost in the pleasures of the world wish to lead them astray, far away from true guidance.

THAT IS, man cannot bear the burden of too much religious discipline all his time in scrupulous regard for every minute detail (as was the case in Judaism) AND at the same time devote himself to higher work of moral self-purification in the exercise of true moral duties. This burden is therefore reduced.

µ  ALSO ISLAM DOES NOT INSIST ON LITERAL PERFORMANCE of what may be a really good moral ideal in principle BUT makes allowance for special conditions and circumstances. THUS Islam does not compel every man in every case to lay up his life to his persecutors for the mere avowal of his beliefs, BUT ALLOWS ‘Taqiyya’ where conditions make it feasible and desirable.

ITS MORALITY IS STRICTLY RELATIVE IN PRINCIPLE AND UTILITARIAN IN PRACTICE, AND NEVER PURELY IDEAL. [a] There is no virtue that may not become a vice in certain conditions, and [b] no vice either that special circumstances may not raise into a virtue.

Ü  THIS, ISLAM WISHES TO REACH PLAINLY and does not care for strictures it may evoke from those whose sole object is to attract mankind by the deceptive glamour of high ethical ideals.

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(4:27) And Allah indeed wants to turn graciously towards you; but those who follow their lusts would want you to drift far away from the right way. *49

*49. This refers to the hypocrites, the ultra-conservatives and the Jews who lived on the outskirts of Madina. Both the hypocrites and the conservatives were incensed at the reforms introduced by Islam, as these were diametrically opposed to the age-old customs and traditions of their society and culture. THE REFORMS WERE NUMEROUS: [1] a share of the inheritance was assigned to daughters; [2] widows were liberated from bondage to the will of their husbands' families and were granted the freedom to marry whomever they wished after the expiry of the waiting-period ('iddah); [3] marriage with one's step-mother and with two sisters together was prohibited; [4] adopted sons were disinherited; and [5] a foster-father's marriage with either the divorced or widowed wife of his adopted son was declared lawful. These and other such reforms were so totally opposed to the customary laws of the Arabs that it was impossible for the elders and the blind devotees of the ways of their forefathers not to protest against them vehemently. They long continued to grumble against these injunctions. Mischievous people pointed to these innovations and exploited them by provoking people against the Prophet's movement of reform. For instance, they would meet those born as a result of the marriage which had been prohibited by Islam and try to infuriate them by saying that according to the new-fangled teachings of Muhammad (peace be on him) the relationship between their parents was unlawful.
The Jews, on the other hand, had woven a complex network of laws and regulations for themselves. The result was that they had forbidden a great number of things which were, in fact, lawful. Additionally, they had introduced a number of superstitions into God's Law. It was argued that the simple and straightforward law of the Qur'an was out of tune with the tastes and temperaments of both the religious leaders and the ordinary people. The Qur'anic injunctions simply infuriated them and as soon as they came to know of any Qur'anic law, they vehemently denounced it. They expected the Qur'an to endorse and validate all the legal deductions and all the superstitions and myths of their forefathers, and to treat them as an integral part of the law of God. If the Qur'an would not do so then they would refrain from recognizing it as the Book of God.
Let us take the following as an example. According to Jewish usage, **a woman was considered completely unclean during her menstrual period. Hence, they neither ate the food she cooked, drank from the cup of water she offered nor even sat with her. It was even considered unwholesome to be touched by her. Thus for a few days every month a woman virtually became an untouchable in her own house. Owing to the influence of the Jews the same custom had found its way into the Arab families of Madina. When the Prophet (peace be on him) arrived in Madina, he was asked about this matter. In response to this query verse 222 of Surah al-Baqarah was revealed. In the light of the principle embodied in the verse the Prophet (peace be on him) made it clear that it was unlawful to have sexual intercourse with a woman during her menstrual period; but it was only that relationship, and no other, that was unlawful. (See Bukhari, 'Hayd', 2, 3; Nasa'i, 'Hayd', 9, 13, 16, 19, and 'Ahkam', 13 - Ed.) This caused uproar among the Jews. They claimed that Muhammad (peace be on him) was bent upon reversing all their legal injunctions to the extent that he wanted to legalize whatever they held as prohibited and prohibit whatever they held as lawful. 

يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ ۚ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا 4:28}

[Q4:28] Yureedul laahu ai yukhaffifa 'ankum; wa khuliqal insaanu da'eefaa. 

[Q4:28] ALLAH (SWT) desires that He should make light your burdens, and man is created weak.
[Q4:28] ALLAH (SwT) (sentiasa) hendak meringankan (beban hukumnya) daripada kamu, kerana manusia itu dijadikan berkeadaan lemah.  

(see commentary for verse 27)

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(4:28) Allah wants to lighten your burdens, for man was created weak.

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ وَلَا تَقْتُلُوا أَنْفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا {4:29}

[Q4:29] Yaaa aiyuhal lazeena aamanoo laa taakulooo amwaalakum bainakum bilbaatili 'illaaa an takoona tijaaratan 'an taraadim minkum; wa laa taqtulooo anfusakum; innal laaha kaana bikum Raheemaa.
[Q4:29] O you who believe! Do not devour your property among yourselves falsely, except that it be trading by your mutual consent; and do not kill your people; surely ALLAH (SWT) is Merciful to you.

[Q4:29] Wahai orang-orang yang beriman, janganlah kamu makan (gunakan) harta-harta kamu sesama kamu dengan jalan yang salah (tipu, judi dan sebagainya), kecuali dengan jalan perniagaan yang dilakukan secara suka sama suka di antara kamu, dan janganlah kamu berbunuh-bunuhan sesama sendiri. Sesungguhnya ALLAH (SwT) sentiasa Mengasihani kamu.

EVERY BELIEVER'S PROPERTY IS HIS OWN -Islam gives the right to own private property.

FAIRPLAY AND HONESTY in trade has been emphasised, AND DISHONESTY has been described as killing one another.

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(4:29) Believers! Do not devour one another's possessions wrongfully; rather than that, let there be trading by mutual consent. *50 You shall not kill yourselves. *51 Surely Allah is ever Compassionate to you. *52

*50. The expression 'wrongfully' embraces all transactions which are opposed to righteousness and which are either legally or morally reprehensible. By contrast, 'trade' signifies the mutual transfer of benefits between the parties concerned, such as that underlying those transactions in which one person provides whatever satisfies the needs of another person and is paid in return. 'Mutual consent' means that the exchange should be free of undue pressure, fraud and deception. Although bribery and interest apparently represent transactions based on mutual consent, closer examination reveals that such consent takes place by constraint and under pressure. In games of chance, too, the participants seem to consent freely to the outcome. This kind of consent, however, is due to the expectation entertained by the participants that they will win. No one takes part anticipating loss. Fraudulent transactions also seem to be based on the mutual consent of the parties concerned. That kind of consent, however, is based on the false assumption that no fraud is involved in the transaction. Nobody who knew that he would be subjected to fraud would consent to be a party to that transaction. 
*51. This can be considered either as complementary to the preceding sentence or as an independent statement. If it is complementary, it means that to consume the property of others by wrongful means is tantamount to courting one's own destruction; for such practices corrupt society on such a scale that even the most cunning are not spared their destructive consequences. This is in addition to the severe punishment that is bound to be meted out to such people in the Next Life. Taken as an independent statement, it can mean either that one should not kill others or that one should not kill oneself. Both the words used and the sequence in which they have been placed by God in this verse make each of these three meanings feasible. 
*52. God wishes His creatures well; their well-being and salvation please Him, and it is out of benevolence that He has forbidden things harmful to human beings. 

وَمَنْ يَفْعَلْ ذَٰلِكَ عُدْوَانًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارًا ۚ وَكَانَ ذَٰلِكَ عَلَى اللَّهِ يَسِيرًا {4:30}

[Q4:30] Wa mai yaf'al zaalika 'udwaananw wa zulman fasawfa nusleehi Naaraa; wa kaana zaalika 'alal laahi yaseeraa.
[Q4:30] And whoever does this aggressively and unjustly, We will soon cast him into fire; and this is easy to ALLAH (SWT).

[Q4:30] Dan sesiapa berbuat demikian dengan menceroboh dan aniaya, maka kami akan masukkan dia ke dalam api Neraka dan balasan yang sedemikian itu adalah mudah bagi ALLAH (SwT), (tidak ada sesiapapun yang dapat menghalangnya).

The punishment announced in this verse INDICATES THE IMPORTANCE ISLAM GIVES TO [*] HONESTY AND [*] FAIRPLAY IN TRADE AND COMMERCE.

µ  The breach of the law of property and murder are grave crimes, severely punishable; and whoso denies its validity is an infidel.

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(4:30) And whoever does this by way of transgression and injustice him shall We surely cast into the Fire; that indeed is quite easy for Allah.