Respect for the ties of relationship, Care of Orphans’ property, Conditional Polygamy permitted, Warning against embezzlement of Orphans’ property.

An-Nisa’ Verses 1 – 10

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

In the name of God, the Beneficent the Merciful.

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا

“O’ men! take shelter in your Lord Who hath created you from a single self1and created from it, its pair, and spread from these two, men manifold2and women, and fear God, in Whose name ye importune one another, and (be mindful’) of kinship; Verily God is vigilant over you.” (4:1)

وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا

“And give unto orphans3their property, and substitute not (your) worthless things for (their) good ones, and devour not ye their property, along with your own; for verily it is a great crime.” (4:2)

وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا

“And if ye fear that ye cannot act justly among the orphans4then marry those who seem good to you, two, or three or four, and if ye fear that ye shall not deal justly (with so many) then (marry) one only, or (the slave women) whom your right hands have acquired; that is nigh keeping you from transgressing.” (4:3)

وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا

“Give5away women their dowry freely (without any restraint)’, but if, they of themselves6(voluntarily with pleasure) remit unto you anything thereof, then (ye may) consume it with pleasure (and it shall be) wholesome7(to you)8.” (4:4)

وَلَا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَامًا وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا

“And give not away to the weak in mind, your property which God hath made for you (a means of) your sustenance but maintain them therewith, and clothe them, and speak to them with kind words (for their good)9”. (4:5)

وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَنْ يَكْبَرُوا وَمَنْ كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَنْ كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ وَكَفَىٰ بِاللَّهِ حَسِيبًا

“And test the orphans until they reach (age marriageable) if ye find in them maturity, then make over to them their property, and consume it not wastefully and hastily lest10they grow to full age; and he (the guardian) who is rich, let him abstain (altogether) and he who is poor let him consume (eat) (for) (himself) reasonably; And when ye make over to them their property let there be witnesses on them (in their presence); And God is enough a Reckoner11.” (4:6)

لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَفْرُوضًا

“For men shall be a share in what their parents and kindred leave and for women12shall be a share in what their parents and kindred leave, be it little or much; (It is) a decreed (allotment of) share13.” (4:7)

وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا

“And when at the division are present those of kin14, and orphans and the needy, provide them also with (something) from it, And speak to them kind words.” (4:8)

وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُوا مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا خَافُوا عَلَيْهِمْ فَلْيَتَّقُوا اللَّهَ وَلْيَقُولُوا قَوْلًا سَدِيدًا

“And let those fear (against hurting the Orphans) who, should they leave behind them weakly offspring, would fear on their account, so let them fear15God and let them speak the right words.” (4:9)

إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا

“Verily, those who eat away the properties of the orphans unjustly, they swallow (only) fire into their bellies; and anon shall they16enter the blazing Hell-fire.” (4:10)

Commentary

Verse 1

When it has to be addressed to the people (mankind) in general, the address has been as ‘Ya ayyuha an-nas’, i.e., ‘O’ people! And when the Jews or the Christians or those given the scriptures are meant, the address has been ‘Ya ayyuha al-Kitab’, i.e., O’ people of the Book. And when are meant the Muslims, they have been addressed as ‘Ya ayyuha al-Mu’minoon’, i.e., ‘O’ believers’. Here the address is to mankind in general, saying: ‘Ya ayyuha an-nas’, i.e., ‘O’ People’. The contents of this Verse being a message to mankind as a whole, to bring home to the people the fact that they come of one and the same origin, and that they were multiplied from one and the same seed or the basic self-first endowed in Adam. This is declared to remind mankind that they are One Family which is constituted of beings generated from one and the same Progenitor.

‘Nafs’ in the Arabic language signifies the self or the whole of a thing with it essence. The appropriate meaning here would be ‘Essence or Kind’ as it is said in ‘Alin anfusikum’, i.e., from among yourselves, (i.e., of the same essence or kind). This declaration, as said above, has been made to invite mankind to give up racial, national and tribal animosities and the hatred of the people of one country against those of the other on political grounds and get themselves united in one Universal Brotherhood or the Fellowship of the members of the race as a whole. Since the first and the foremost aim of Islam is Peace on earth, it aims to bind humanity into one unit under the natural love of brotherhood or the natural fellowship of a single race. The Old Testament describes how Eve was created out of Adam’s rib. (Genesis 2/11, 22).

A Muslim has to guard against the wrath of God in his treatment to his own kith and kin. Much has been said against discourtesy or ill-treatment by anyone to his kith and kin and about doing good to the nearest relatives, in particular, much has been said by the Holy Prophet and the Holy Imams, commending fellow feeling and kind treatment to them.

Verse 2

The Holy Prophet had been very seriously concerned with the welfare of the poor and particularly of the orphans. The anxiety with which the Holy Prophet has identified himself with the interest of the poor and the orphans, and the stress with which the attention of the believers regarding their duty towards service above self to the needy and the orphans, has been repeatedly invited, has no parallel in the history of the other religions of the world. In 90:11- 16, the duty to the welfare of the orphans has been referred to as an uphill path. There is a revelation about the orphans in 2:220.

Verse 3

Varied explanations to this Verse have been given by various commentators. The common or the popular interpretation is that if you are afraid that you will not be able to observe strict equity in the matter of the rights of an orphan girl after your owning her as your wife-for there will be none on their behalf to question you about your treatment to them, then you may marry from the other women even two, three or four.

The polygamy permitted by Islam by this Verse, has been a target of unqualified attacks from some people totally bereft of reason and the correct knowledge of what Islam has actually done. By attacking the conditional and the strictly restricted polygamy sanctioned by Islam, the critics, have only betrayed their ignorance about what was prevalent in the world and even among the leaders of their own respective religions. Be it known and remembered that Islam never instituted polygamy but only restricted and controlled the unrestricted and uncontrolled institution which already existed from time immemorial in all parts of the world.

Polygamy as legalized by Islam through this brief revelation of the Holy Qur’an, is only a rational supply for the genuine demand of the native individual differences among the members of the human family involved in different physical and social circumstances, and needs no explanation in detail. There are different sorts of men in the different conditions of life in the world. God’s law meant the universal nature for the human race as a whole, must naturally give the utmost latitude to make provisions for one and all according to the varying individual needs. Only a sincere reflection over the cases in the practical life of man, would disclose as to how effectively polygamy has proved to be a remedy for several domestic ills and troubles which otherwise are unavoidable by man. Let us give a serious consideration to the following cases and then decide:

1. X’s wife has fallen ill and declared incurable by the authorities. Should the husband live with her risking his own health and giving natural causes for spreading the disease not only in his own self but also in his issues? Would any one choose to do it? or should she for no fault on her part, be divorced or discarded? If under such an eventuality, any religion allows the husband to maintain the lady and at the same time, with the fulfilment of the proviso of the law, take another woman to serve him as his wife, would common sense allow the least criticism of any such religious system or pay the highest tribute to it?

2. X’s wife fails physically to serve him as his mate in his extraordinary physically developed manhood and its native urge. Should the poor lady be killed by the husband to maintain monogamy or with the condition of the proviso of the law of polygamy duly fulfilled, take another woman to serve him, while he maintains the first wife also as much as he should do, or the man to get adulterous to satisfy the irresistible native urge in him?

Polygamy was prevalent among all the nations of antiquity, not excluding the Hindus and Buddhists. The world in general and Arabia in particular before the ministry of the Holy Prophet was lying deeply buried under gross licentiousness and depravity. Which historic fact no educated one among us can ever contradict, particularly about the private life of the rulers of the states. The great king Dasharatha, the father of Sri Rama was polygamous. The Christian Monarchs of Europe could not help themselves against having wives more than one. Henry the VIII of England had as many as eight wives. Even the great Apostles of God like Abraham, Solomon and the others had wives more than one:

Now let us have a view of the status of woman under Hindu Law.

Manu, the Hindu lawgiver, speaking of the duties and characteristics of woman, says, (N.B.:-‘Manu’s authority is paramount throughout India among Hindus).

1. “By a girl, by a young woman, or even by an aged one, nothing must be done independently, even in her own house.” (Manu, Verse 147).

2. “In childhood a female must be subject to her father, in youth to her husband, when her lord (her husband) is dead to her sons. A woman must never be independent.” (Manu, Verse 148). (Note the striking resemblance to the status of woman under Roman and Greek laws).

3. “She must not, her father may give her, or her brother with the father’s permission, she shall obey as long as he lives, and when he is dead, she must not insult (his memory).” (i.e. she should not marry any one thereafter). (Manu, Verse 151).

4. “Though destitute of virtue, or seeking pleasure elsewhere, or devoid of good qualities, (yet) a husband must be constantly worshipped as a god by a faithful wife.” (Manu, Verse 154).

5. “Through their passion for men, through their untamable temper, through their natural heartlessness, they become disloyal towards their husbands, however carefully they may be guarded in this world.” (Manu, ix 14).

6. “When creating them Manu allotted to women (a love for their) bed, (of their) seat and (of) ornament, impure desires, wrath, dishonesty, malice, and bad conduct.” (Manu, ix 17).

7. “It is the nature of women to seduce men in this (world) for this reason the wise are never unguarded in the company of females.” (Manu, ii 213).

8. “For women are able to lead astray in (this) world not only a fool, but even a learned man, and (to make) him a slave of desire and anger.” (Manu ii 214)

There is a good deal of controversy as to whether polygamy is sanctioned by Hindu Law. According to Manu the Law on the subject is as follows:

1. “For the first marriage of twice-born men (wives) of equal caste are recommended, but for those who through desire proceed (to marry again) the following females, (chosen) according to the (direct) order (of the castes) are most approved.” (Here follows the list of women who may be approved of). (Manu, Hi 12).

2. “If twice-born men wed women of their own and of other (lower castes), the seniority, honour, and habitation of those (wives) must be (settled) according to the order of the castes (Varna).” (Manu, ix 85).

3. “If, after one damsel has been shown, another be given to the bridegroom, ‘he may marry them both’ for the same price that Manu ordained.” (Manu, viii 204).

4. “Among all (twice-born men) the wife of equal caste alone (not a wife of a different caste by any means), shall personally attend her husband and assist him in his daily sacred rites.” (Manu, ix 86).

5. “But he who foolishly causes that (duty) to be performed by another while his wife of equal caste is alive, is declared by the ancients (to be) as (despicable) as a Kandala (spring from the) Brahmana caste.” (Manu, ix 87).

The above quotations clearly indicate that Manu sanctioned polygamy, “and it is now quite settled in the Courts of British India that a Hindu is absolutely without restriction as to the number of his wives, any one may marry again without his wife’s consent, or any justification, except his own wish.” (Mayne, On Hindu Law and Usage, p. 113. Also held in the case of Viraswamy V. Appaswany, 1 Mad. H.C., at p. 378).

In regards to the remarriage of widows, there appears to be some doubt as to whether Hindu Law sanctions it or not. Marda, another Hindu Lawgiver, expressly sanctions it, while the authority of Manu is strongly opposed to it. Manu says:

1. “At her pleasure let her emaciate her body by (living on) pure flowers, roots and fruit, but ‘she must never even mention the name of another man after her husband has died’.” (Manu, v. 157).

2. “Until her death let her be patient (of hardships), self-controlled, and chaste, and strive (to fulfil) that most excellent duty which (is prescribed) for (wives who have one husband only).” (Manu, v. 158).

3. “The nuptial texts are applied solely to ‘virgins’, and nowhere among men to females who have lost their virginity, for such (females) from religious ceremonies.” (Manu, viii 226).

We shall begin this argument by depicting the story of the fall of man, as given in the Bible.

1. “And I will put enmity between thee and the woman and between thy seed and her seed: it shall bruise thy head, and thou shalt bruise his heel.” (Gen. Hi 15).

2. “Unto the woman He said, I will greatly multiply thy sorrow and thy conception, in sorrow thou shalt bring forth children, ‘and thy desire shall be to thy husband, and he shall rule over thee.” (Gen. iii 16).

3. “And unto Adam He said: ‘Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I command thee saying, thou shalt not eat of it, cursed is the ground for thy sake, in sorrow shalt thou eat of it all the days of thy life.” (Gen. iii 17).

Again, while discussing the relative importance of the sexes, the Bible says:

1. “For the man is not of the woman, but the woman of the man.” (I Cor. xi 8).

2. “Neither was the man created for the woman, but the woman for the man.” (I Cor. xi 9).

3. “For this cause ought the woman to have power on her head, because of the angels.” (I Cor. xi 9).

In the First Epistle of Paul the Apostle to Timothy we again find the following:-

1. “I will therefore that men pray everywhere, lifting up holy hands, without wrath and doubting.” (I Tim. ii 8).

2. “In like manner also, that women adorn themselves in modest apparel, with ‘shamefacedness and sobriety,’ not with braided hair, or gold, or pearls, or costly array.” (I Tim. ii 9).

3. “Let the women learn in silence with all subjection.” (I Tim. ii 11).

4. “But I suffer not a woman to teach, nor to usurp authority over the man, but to be in silence.” (I Tim. ii 12).

5. “For Adam was first formed, and then Eve.” (I Tim ii, 13).

6. “And Adam was not deceived, but the woman being deceived was in the transgression.” (I Tim. ii 14).

It has often been asserted that Christianity interdicted polygamy, and made monogamy obbligatory on all. Nothing can be farther from the truth.

Ameer ‘Ali, speaking of the general prevalence of polygamy among all nations, remarks:-

“And so it was understood by the leaders if Christendom at various times that there is no intrinsic immorality or sinfulness in plurality of wives. One of the greatest fathers of the Christian Church (St. Augustine) has declared that polygamy is not a crime where it is a legal institution of a country, and the German reformers, even as late as the sixteenth century, allowed and declared valid the taking of a second or even a third wife, contemporaneously with the first, in default of issue, or any other cause.”17

“When Christianity made its appearance in Rome, history shows that polygamy was recognized, and the early Christian Emperors seem to have admitted its validity.” Says Ameer ‘Ali:

“The Emperor Valentinian, II, by an Edict, allowed all the subjects of the Empire, if they pleased to marry several wives nor does it appear from the ecclesiastical history of those times that the Bishops and the heads of the Christian Churches made any objection to this law. Far from it, all the succeeding Emperors practised polygamy, and the people generally were not remiss in following their example. Even the clergy often had wives. This state of the laws continued until the time of Justinian, who with the concentrated wisdom and experience of thirteen centuries of progress and development in the arts of life (combined with the Semitic influences not only of the two religions, but also of those great jurists who pre-eminently belonged to that race) resulted in their embodiment in the celebrated laws of Justinian. ‘But these laws owed little to Christianity, at least directly.’ The greatest adviser of Justinian was an atheist and a pagan. Even prohibition of polygamy by Justinian failed to check the tendency of the age. The law represented the advancement of thought, its influence was confined to a few thinkers, but to the mass it was practically a dead letter.18”

John Milton, the great English poet, discussing the merits and demerits of polygamy, observes:

“In the definition which I have given (i.e., of marriage) I have not said, in compliance with the common opinion, ‘of one man with one woman’, lest I should by implication charge the holy patriarchs and pillars of our faith, Abraham,\ and the others who had more than one wife at the same time, with habitual fornication and adultery, lest I should be forced to exclude from the sanctuary of God as spurious the holy offspring which sprang from them, yea, the whole of the sons of Israel, for whom the sanctuary itself was made. For it is said (Deut. xxiii 2): “A bastard shall not enter into the congregation of Jehovah, even to his tenth generation. Either, therefore, polygamy is a true marriage, or all children born in that state are spurious; which would include the whole race of Jacob, the twelve holy tribes chosen by God. But as such an assertion would be absurd in the extreme, not to say impious, and as it is the height of injustice, as well as an example of most dangerous tendency in religion, ‘to account as sin what is not such in reality’, it appears true that, so far from the question respecting the lawfulness of polygamy being trivial, it is of the highest importance that it should be decided.”19

A study of certain texts in the Bible clearly admits the lawfulness of polygamy. For instance:

“If he take him ‘another wife’, her food, her raiment, and her duty of marriage shall be not diminish.” (Exod. xxi 10).

“And I gave thee (David) thy master’s house, and thy master’s ‘wives’ into thy bosom, and gave thee the House of Israel and of Judah, and if that had been too little, I would, moreover, have given unto thee such and such things.” (2 Sam xii 8).

“Before Islam, a woman was not free to contract her marriage. It was the right of the father, brother, cousin, or any other male guardian, to give her in marriage, whether she was old or young, widow or virgin, to whomsoever he chose. Her consent was of no moment. There was even a practice prevalent of marrying women by force. This often happened on the death of a man leaving widows. His son or other heir would immediately cast a sheet of cloth on each of the widows (excepting his natural mother), and this was a symbol that he had annexed them to himself. If a widow escaped to her relations before the sheet was thrown over her, the heirs of the deceased would refuse to pay the dower. This custom is described as the inheriting of a deceased man’s widows by his heirs, who in such cases would divide them among themselves like goods. There was no restriction as to the number of wives a man could take. The only limit was that imposed by his means, opportunity and inclinations. Unrestricted polygamy which was sanctioned by usage was freely rampant. This was exclusive of the number of slave-girls which a man might possess.

The limits of relationship within which marriage was prohibited were narrow and defined only by close degrees of consanguinity. There can be no doubt that a man could not marry his mother, grand-mother, sister, daughter or grand-daughter, and perhaps he was not allowed to marry his aunt or niece. But those among them ‘that followed the Magian religion could marry their own daughters and sisters.’ An Arab was permitted to take as his wife his step-mother, cousin, wife’s sisters, and could combine in marriage two sisters or a woman and her niece. It is doubtful whether he could marry his mother-in-law or step-daughter. Unrestrained as an Arab was in the number of his wives, he was likewise absolutely free to release himself from the marital tie. His power in this connection mas absolute and he was not required or expected to assign any reason for its exercise, nor was he under the necessity of observing any particular procedure.

The word commonly used for this purpose was ‘Talaq.’ It depended upon his discretion whether he would dissolve the marriage absolutely and thus, set the woman free to marry or not. He might, if he so chose, revoke the divorce and resume marital connection. Sometimes an Arab would pronounce ‘Talaq’ ten times and take his wife back, and again divorce her and again take her back, and so on. The wife in such a predicament was entirely at the mercy of the husband, and would not know when she was free. Sometimes the husband would renounce his wife by means of what was called a suspensory divorce. This procedure did not dissolve the marriage, but it only enabled the husband to refuse to live with his wife, while the latter was not at liberty to marry again. The wife among the Arabs had no corresponding right to release herself from the marriage bond. But her parents by a friendly arrangement with the husband could obtain a separation by returning the dower if it had been paid, or by agreeing to forgo it if not paid. Such an arrangement was called ‘Khula’, and by it the marriage tie would be absolutely dissolved.20”

By (C.A. Soorma, B.A., B.B., LL. AL (Land) pp. 26, 27, 28, 29, 37, 38, 46, 47, 48, 53, 54, 55).

Islam only permits polygamy under certain special circumstances, it does not enjoin it, nor even permits it unconditional.

Let the readers take this Verse in conjunction with the following Verse:

وَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ وَإِنْ تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا

“Ye will not be able to deal equally between (your) wives, however much ye wish (to do so). But turn not altogether away (from one), leaving her as in suspense. If ye do good and keep from evil, Verily, God is Ever-Forgiving, Merciful.” (4:129)

In regards to the treatment Islam gives to women Refer to Verses 4:15; 4:16; 4:20; 4:21; 4:22; 4:23; 4:33; 4:34; 4:35; 24:4-9.

Thus, the following will be the verdict of any intelligent reader of the Holy Qur’an:

1. That marriage with more than one woman is merely permissive (It was sanctioned after the Battle of Uhud).

2. That the number of wives a man can have at the same time is limited to four (Islam thus, restricted polygamy).

3. That where the husband fears that he cannot do justice to more than one wife, ‘he must not marry more than one woman at one and the same time’. (Verse 4:3).

4. That it is beyond human power to do justice between all the wives, although man may covet to do so (4:129).

5. That one ought to do one’s best in treating them impartially.

6. That it is “more proper a man to have one wife, so that he may not deviate from the right course” The course of impartiality and equity. Thus, we see that Islam ‘indirectly’, but in unequivocal language, deprecates polygamy.

7. That it is an exceptional law, for abnormal conditions or needs of the society and though the permission is there, it is not generally availed of, as is clear from Howard, cited below:

   “Where polygamy exists, it is sometimes the chiefs among whom are permitted to have a plurality of wives. Besides, just as in the case of polyandry, almost everywhere it is confined to a very small part of the people, the majority being monogamous. It is so ‘among all Mohammedan people, in Asia and Europe, as well as in Africa.’ ‘Ninety-five per cent of the Muhammadans of India, for instance, are said to be monogamists,’ and in Persia, it is reported, only two per cent of the population enjoy the questionable luxury of ‘plurality of wives”21

   “He (Mohammed) restrained polygamy by limiting the maximum number of contemporaneous marriages and by making absolute equity towards all obligatory in the man. It is worthy of note that the clause in the Qur’an which contains the permission to contract four contemporaneous marriages is immediately followed by a sentence which cuts down the significance of the preceding passage to its normal and legitimate dimensions. The former passage says: ‘you may marry two, three or four wives but no more.’ The subsequent lines declare: ‘But if you cannot deal equitably and justly with all, you shall marry only one.’ The extreme importance of this proviso, bearing especially in mind the meaning which is attached to the word equity (adl) in the Qur’anic teachings, has not been lost sight of by the great thinkers of the Muslim world.22”.

8. “The Muhammadan law undoubtedly contemplates monogamy as the ideal to be aimed at, but concedes to a man the right to have more than one wife, not exceeding four, at one and the same time, provided he is able to deal with them on a footing of equality and justice. This is in accord with the scheme of Islamic legislation which sets up certain moral ideals to be gradually realized by the community, positively forbidding only such acts as must clearly be injurious to social and individual life at all times.23”

The above just judgments drawn through the logical inferences declare any criticism against the Islamic polygamy as nothing short of the betrayal of one’s own common sense or the facts about the ordinance.

Can any properly informed man or woman, today deny how miserably bleeds the human society under the adulterous development of the social orders of the modern civilization. Any impartial enquirer will loudly pronounce his independent judgment that Islam and no other religion has achieved the greatest success in the betterment of the human society for the laws of Islam are based only upon the natural phenomena governing the physical life on earth and thus, the laws are not merely theoretical or ideal but cent per cent practical, divinely framed to meet both the normal as well as the abnormal needs of human society. They are applicable to all conditions of life from the primitive time to the highly civilized age. The natural qualities of its laws and their being elastic have been the secret of the success of Islam.

It is rightly said “Prostitution, the great evil of civilization, which is a real canker, with its concomitant increase of bastardy, is practically unknown to countries where polygamy is allowed as a remedial measure.” (M.A.)

There is a reference to orphan women in Verse 4:127.

Regarding the treatment to slave girls: It is not concubinage but as regular wives for the words of injunction about them are clear in their meaning that ‘ye may not deviate from the right course.’’ Such women are drawn from the lowest levels of society whence their morals are also very low. However, to treat alike a woman from a respectable family of high moral degree of conduct, character and dignity, and the one from the slums without any morals or modesty or any regard to self-respect, will never be justice. Justice will be to treat each kind with full regard to its personal standard. Even the most civilized countries of today award graded classes in the penitentiary to convicts of various social status, though they might have been convicted of the same charge against them.

Verse 4

Dowry to a woman in marriage has been made by right and it has to be paid with pleasure to her. The system of compulsory payment of ‘Mahr, i.e., ‘Dower’ by the husband to his wife is peculiar only to Islam. No religion did ever think of any such thing made compulsory upon man about the woman he takes in wedlock. This system gives the woman the right to the stipulated portion of her husband’s wealth and raises her to an honourable and respectable status with her husband and her other relatives.

The voluntary remission of a part of the ‘Mahr’ or Dower is left to the independent decision of the wife. Such an act would invariably be the outcome of a happy conjugal life which is very highly commendable by Islam.

Verse 5

The property mentioned here, is the property of the orphan entrusted. Before handing over the property to an orphan after he or she becomes a major, it must be made sure if the orphan can maintain it. It creates the necessity of a guardian in case of the weak in mind, whether minors or major.

It is to be noted that Islam in spite of preaching the transitory value of this world, stresses upon the proper care of the prosperity, for property or wealth being the source of sustenance, it is not a thing to be totally despised or allowed to be wasted.

The ordinance enjoining the guardian to maintain the orphan from his wealth entrusted to the guardian, permits the guardian to invest the wealth in a surely profitable business and out of the profit, the guardian has to feed, clothe and give shelter to the orphan. The orphan’s wealth has not been left idle to be exhausted by the cost of his or her maintenance or by the other expenses.

Caution has also been given about the kind words the guardian has to use while speaking to the orphans.

Verse 6

The Verse is clear in its meaning. The reader’s attention is invited to the care taken about the safeguard of the interest of the orphan with regard to his wealth.

Verse 7

It is quite clear from the law of inheritance of Islam how far at its very beginning strikes a death blow to wealth being accumulated with any one person and its remaining stagnant there, starving the other members of the family, of the benefit at least of a part of it.

It must be remembered that Arabia before the advent of Islam had no religion with fixed regulations about the distribution of wealth. The Old and the New Testaments are silent about this necessity of the social life of man. The idolatrous heathens followed their own fancies. The same was the case with Hinduism in India. Woman had no right to the property either of her father or of her husband. Hindu law is based upon the code formulated by the modern Law Courts.

Verse 8

The relatives and the orphans mentioned in this Verse are those who may not be entitled to

inherit by any right. The consideration shown here even to the distant relatives and the orphans and the needy is not to be found in any other religious order in the world.

Verse 9

The argument in this Verse appealing to every individual man or woman on earth with reference to their feelings about their own issue, if be left in the situation is another proof positive that nothing does Islam prescribe for its adherents which does not appeal to reasoning in every man or woman. Islam wants everyone to treat the issues of their brethren in the like manner as anyone would wish one’s own issues to be treated, and always aspire for God’s displeasure and guard against His wrath in transgressing the prescribed limits.

Verse 10

The example given here indicates the grave nature of the crime. It is related by the Holy Prophet that on the Day of Resurrection some people will rise with fire blazing out from their mouths. The crowd witnessing them will ask who are they. The reply to the query will be: ‘These are the people who devoured the properties of the orphans’ (M.S.)

• 1. Ar. ‘Nafs’ – Soul.
• 2. Innumerable.
• 3. Refer to Verse 4:127.
• 4. Female orphan.
• 5. Give without any restriction or even reluctance
• 6. Voluntarily with pleasure of their own accord
• 7. In fairness
• 8. The position of honour, dignity and the right given to woman in Islam Is unique. No other religion in the world has ever given her Refer to Verses 4:19; 4:20.
• 9. Note the care of and the treatment to the orphans enjoined by Islam.
• 10. Fearing that
• 11. Note how much and how far the interest of orphans is guarded by Islam
• 12. Note that men and women both are given the right of inheritance
• 13. Refer to Verse 2:180.
• 14. Note The extent of the fellow feeling Islam ordains to the extent of having a share in one’s fortune
• 15. Fear of God the main caution Islam give to every individual.
• 16. Meet – embrace.
• 17. Ameer ‘Ali, Life and Teachings, p. 220, and also Ameer ‘Ali, Mahomedan Law, Vol. II p. 23.
• 18. Ameer ‘Ali, Life and Teachings of Muhammad pp. 222-223.
• 19. Milton, A treatise on Christian Doctrine, pp. 231-232.
• 20. Abdur Rahim, Muhammadan Jurisprudence, pp. 9-11.
• 21. Howard, History of Matrimonial Institutions, Vol I p. 142, and Ameer ‘Ali, Mahomedan Law, Vol. II, pp. 24-5.
• 22. Ameer ‘Ali, Mahomedan Law, Vol. II. p. 42.
• 23. Abdur Rahim, op. cit. pp. 327-8. C.A. Soorma, pp. 75-77. Islam’s Attitude towards women and Orphans.