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

An-Nisa’ Verses 15 – 22

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

“And as to such of those who are guilty of lewdness1from among your women, then bring four witnesses against them from among yourselves; and if they bear witness (to the fact), Confine them to the houses till death taketh them away or God maketh some way2for them.” (4:15)

وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآذُوهُمَا فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًا

“And if a couple among you commit it (lewdness) chastise3them both, then if they (both) repent and amend, then, turn ye away from them; Verily, God is Oft-returning (to Mercy), the Merciful.” (4:16)

إِنَّمَا التَّوْبَةُ عَلَى اللَّهِ لِلَّذِينَ يَعْمَلُونَ السُّوءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِنْ قَرِيبٍ فَأُولَٰئِكَ يَتُوبُ اللَّهُ عَلَيْهِمْ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا

“Verily, repentance (acceptable) with God is only for those who do evil ignorantly and then turn4(unto God) soon (after)’, These! (are those) God will turn (merciful) unto them; And God is All-Knowing, All-Wise.” (4:17)

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

“And repentance is not (profitable) for those who do evil until death cometh to one of them, he saith “Now surely am I turned unto God,” nor (is repentance profitable) for those who die while they are unbelievers; These, for them we have made ready a grievous torment!” (4:18)

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

“O’ those who believe! It is not lawful for you to inherit women against their will; and do not straiten them in order that ye may take a part of what ye have given them, unless they are guilty of manifest lewdness; but deal kindly with them, and if ye hate them, it may be that ye hate a thing while God hath placed in it abundant good.” (4:19)

وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا

“And if ye intend to take one wife in place of another, and have given one of them a heap of gold, then take not from it anything; Would you take it by slandering (her) and with manifest wrong?” (4:20)

وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا

“And how could ye take it when one of you hath gone in unto the other and they have taken from you a firm covenant.” (4:21)

وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا

“And marry not women whom your fathers have married, except what hath already5passed; for it is shameful, and abominable; and an evil way.” (4:22)

Commentary

Verse 15

This Verse was revealed to correct a practice prevalent among the early Arabs. They used to confine their women in their houses-for life-whenever they found them guilty of adultery. The Verse says that they may do so, but they should not do it on their own allegations unless their guilt is duly proved by witnesses of four men. Failing this they can divorce their wives if they please, and can take no further action against them.

“Or God opens some way for them.” This refers to the setting up of Islamic government with tribunals of justice according to law. There the cases will be investigated with all rigour and precaution of a judicial enquiry, and if there is the slightest room for doubt the woman will be acquitted leaving no room for any further way against them. In short if the case is not tried judicially all that the man can do, if he likes to punish his wife, is what is contained in this direction. And in the course of her confinement, it may be that her ways may be so mended that the husband may be inclined to take her back to himself that would then be a way opened by God for them. For details see ‘Fiqh’.

The Ahmadi commentator giving the several meanings of the word ‘Al-fahishah’ takes here the meaning of the words as anything short of fornication, i.e., adultery. But the confinement of the victim to death suggests the crime to be not an ordinary immorality. The extraordinary or the extreme limit of immorality is adultery. Hence the meaning of the word ‘Al-fahishah’ here is adultery. Some commentators hold this Verse as superseded by the one dealing directly with adulterer man and adulteress woman6.

Verse 16

The crime mentioned here is the same as that in the preceding Verse.

‘Azahuma’ put them to pain or worry.

Here is made accommodation for the consideration for repentance and amendment on the part of the convicts.

Verse 17-18

These two verses clearly state that the acceptance of repentance in the first depends upon the intention of the sinner, i.e., the sinner should not have done it intentionally, i.e., in ignorance of the law of retribution. It is said that every sin a ‘Mu’min’, 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 (M.S.). However, if a sinner repents and amends his conduct soon in any case before death there is hope for his being pardoned.

Verse 19

It was the custom in the pre-Islamic Arabia that when a man dies his elder son inherited his widowed stepmothers as his wives, marrying them if he pleased even without settling any dowry upon them, or marrying them to others or prohibiting them from marriage altogether. Such women were restrained from marrying so that their property might not pass to their new husbands.

‘Wala Ta’zula hunna’-This is a remedy to the evil then commonly current the husbands who were dissatisfied with their wives were wont to give them trouble so that they may helplessly demand a divorce remitting the dowry. This has been prohibited by this part of the Verse, (see ‘Fiqh’)

Verse 20

When man desired to have another woman in the place of his first wife, he used to compel her in some such way by which the poor wife had to demand a divorce paying a large sum of money for releasing her from the wedlock of the tyrant, i.e., her husband. This is prohibited here, (see ‘Fiqh’)

Verse 22

This disgraceful practice obtained in some low families in the form of inheriting father’s women as his property7 “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 Musalmans 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 Prophet8.

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• 1. Ar. ‘Fahishatun’ adultery.
• 2. or by the punishment prescribed later.
• 3. With a light punishment & this may be before the evidence is complete.
• 4. Turn repentant.
• 5. i.e. Before the revelation of this Verse.
• 6. Refer to Verse 24:2. See ‘Fiqh’.
• 7. Refer to Verse 19 above.
• 8. Refer to Maarif of Ibn Qutaiba &c. By B.H. p. 116, Vol. II.