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

An-Nisa’ Verses 23 – 25

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

“Forbidden to you are your mothers, and your daughters, and your sisters, and your aunts paternal and aunts maternal, and daughters of your brother1and daughters of your sister2, and your foster mothers and your foster sisters, and the mothers of your wives and your step-daughters in your guardianship, (born) of your wives to whom3ye have gone in; but if ye have not gone in to them4it shall not be a sin on you (to marry them)5, and6the wives of your sons who proceed from your loins and7that ye combine two sisters (at one and the same time in the wedlock), except what hath already passed; Verily, God is Oft-Forgiving, Merciful.” (4:23)

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

“And (all) protected8(married) ones of the women (are forbidden unto you) save those whom your right hands possess9. (This is) God’s written ordinance unto you; And it is allowed for you, (all women) besides these that ye may seek (them) by means of your wealth taking (them) into marriage and not committing fornication; and as such of them ye had Mut’a10’ with them, give them their dowries as a fixed reward; and it shall not be a sin on you, in whatever ye mutually agree11(to vary) after12the fixed reward; Verily God is All-Knowing, All-Wise.” (4:24)

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

“And whoever of you hath not means enough to marry protected13believing women, then (let him marry) from among those whom your right hands possess (as slaves or captives) from among your believing maidens; and verily God better knoweth your faith; Ye are (sprung) one from the other, so marry them, with the permission of their masters14, and give them their dowries (which may be) in fairness15, their getting protected not committing lewd-ness, nor receiving paramours (secretly), And after they are protected (under a Wedlock) and then if they are proved guilty of lewdness, then on them shall be half the punishment (prescribed) for the free women; This (Permission) is for him among you who feareth his falling into evil; and that ye be self-restraint is better for you; Verily, God is Oft-Forgiving, All- Merciful.” (4:25)

Commentary

Verse 23

The Mosaic religion had also prescribed similar laws about matrimonial connections: vide Lev.18/6-18.

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

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

“The nakedness of thy father's wife shalt thou not uncover: it is thy father's nakedness.”

“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 shall not uncover.

“The nakedness of thy son's daughter, or of thy daughter's daughter, even their nakedness thou shalt not uncover for theirs is thine own nakedness.

“The nakedness of thy father's wife's daughter, begotten of thy father, she is thy sister, thou shalt not uncover her nakedness.

“Thou shalt not uncover the nakedness of thy father's sister: she is thy father's near kins-woman.

“Thou shalt not uncover the nakedness of thy mother's sister: for she is thy mother's near kins-woman.

“Thou shalt not uncover the nakedness of thy father's brother, thou shalt not approach to his wife: she is thine aunt.

“Thou shalt not uncover the nakedness of thy daughter in law: she is thy son's wife; thou shalt not uncover her nakedness.

“Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness.

“Thou shalt not uncover the nakedness of a woman and her daughter, neither shalt thou take her son's daughter, or her daughter's daughter, to uncover her nakedness: for they are her near kins-women: it is wickedness.

“Neither shalt thou take a wife to her sister, to vex her, to uncover her nakedness, beside the other in her lifetime.” (Lev. 18/6-18).

Verse 24

‘Mahsanat’ married women-i.e., all married women are forbidden to be taken in marriage (until they are divorced by their husbands).

Except those possessed by the right hands-refers to women taken captives in wars fought for God’s cause (in Jihad) against the disbelievers-those women of the disbelievers who fell as prisoners of war-and who embraced the truth, Islam, and who could not be returned to their polytheist husbands-such women, even though they were not divorced by their husbands are made lawful to be the wives of Muslims.

‘Famastamta ‘thum bihinna’-And those women engaged in Mut’a, a timed alliance with a woman-after the Mut’a is null and void the parties are not entitled to inherit each other. This timed alliance or a temporary marriage or wedding, was current during the time of the Holy Prophet during the Caliphate of Abu Bakr and also for some time during the regime of ‘Umar, who later at his own choice against the sanction of the Holy Qur’an which is always and in all matters irrevocable and which position was respected even by Abu Bakr and even by himself for half the term of his own regime as the Kalif, revoked Mut’a by mounting the pulpit and declaring:

“Two Mut’a as were in force during the time of the Holy Prophet, I decree now both of them as unlawful and will punish those who practice them.16”

The one Mut’a being the timed marriage and the other combining ‘Haj’ with ‘Umrah.’

Just to uphold ‘Umar’s decision all sorts of interpretations of the clear words ‘Famastamtu’tum bihinna’ are employed to draw inferences other than what it is actually meant and what was held lawful by the Holy Prophet whose every decision was final and irrevocable, for whatever the Holy Prophet made as lawful or unlawful none else in the world after him had any right whatsoever to revoke it. Thus, the Shi’a School or the Islam-Original as in all other matters of religion, with regard to this doctrine of Mut’a also, sticks to the decision of the Holy Qur’an and holds both the Mut’a as lawful. Even Ibn ’Umar the son of the Kalif ‘Umar, refused to subscribe to the validity of ‘Umar’s prohibiting or declaring a thing like Mut’a’ as illegal which was pronounced lawful by the Holy Prophet17.

“Rather than this historical treatment, it may be better to consider the question of Mut’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 at home. To deny a temporary marriage to them, is either to force them to celibacy or to drive 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 value 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 whom a permanent wedlock is nothing but misery, who cannot manage to keep it; cannot be happy in it.

Marriage requires a 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 false sentimentalism, and Islam begs to be excused of this. It is very well to talk of ideal perfection in moral precepts; but when this comes to mating laws out of them, nothing but evil can result. What is the result of the high ideal or marriage boasted of in Christianity. 1 will not make mention of Paris or American city or any country and read the percentage of illegitimate births there. Of 191,721 births in Belgium in 1904, 12,887 or 6.7 per cent, were illegitimate18.

Illegitimate births in Berlin amount to about 15 per cent, of the whole19 . 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 undesirable. 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 Christianity labours under, for abolishing the law and confining religion to moral precepts. Islam does not wish 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 civilization. Clearly Islam, if it means to be a final religion for the world, must see to this.

Nothing can be more cruel 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 civilization.20”

It is related that this verse was read before Ibn Abbas who again read the verse adding ‘ila ajalim masamman’, i.e., for a specified term-after the words ‘famastuma’atum bihi minhunna’- (M.F.A., B.H. M.S.)

It is reported of Amiril-Mu’minin ‘Ali Ibn Abi Talib having declared “If ‘Umar had not declared Muta’a as unlawful, only some unfortunate fellow would have committed adultery.” (M.F.A., M.S.).

It is reported that Jabir Ibn Abdullah had said “We practised Mut’a during the time of the Holy Prophet, during the Caliphate of Abu-Bakr and until half the term of ‘Umar’s regime as a Kalif when ‘Umar declared it as unlawful and shall punish whosoever practises them21.

The Sunni Maliki School holds Mut’a as lawful. It is now left for any intelligent reader to judge for himself and to follow the Holy Qur’an and hold Mut’a as lawful or to follow ‘Umar against the decision of the Word of God.

Verse 25

“Bond women could be either those who were taken captives in wars, or women who sold themselves for life service. In either case they would belong to the lower strata of society, and their morals would accordingly be more depraved than those of free women, who themselves had not a very high tone of morality in Arabia at the day. So these women were allowed to be kept as concubines by their master’s so that the houses of good family Musalmans might not threaten to become brothels. But this was not the thing that was really desired.

Where possible these women were to be married to the poorer folk among the Musalmans, and it was hoped that with good treatment and education in the houses of their new husbands, they would learn better morals. However, looking to their low origin, poverty and deficient education, they were not to be subjected to the same punishment for adultery as free women. They were not to be put to death (by stoning), they could only have thrashing and that too only half of what the free women would get for the same offence.” (By B.H. pp. 120, 121 Vol. II).

• 1. Own brother.
• 2. Own sister.
• 3. Wives.
• 4. Wives.
• 5. Daughters of the women not gone in unto by the man marrying.
• 6. Forbidden are.
• 7. Forbidden is.
• 8. Ar. ‘Mohsanat’ protected women (by a wedlock) Married slave woman- Minor and the insane in the guardianship of others.
• 9. By marriage, or purchase. Captives of war with the disbelievers-by gift each according to the respective condition of the Fiqh. For details Refer to Fiqh.
• 10. Ar. Mut’a, or a limited wedlock allowed in Islam- current during the whole lifetime of the Holy Prophet- during Abu Bakr’s Caliphate, and also for two or more years during ‘Umar’s Caliphate, but ‘Umar prohibited it of his own accord - against the sanction of the Qur’an (DM). ‘‘Ali renewed it & none thereafter prohibited it.
• 11. Less or more than the fixed time or reward.
• 12. Besides.
• 13. Free.
• 14. Guardians.
• 15. Reasonable - pleasing to her.
• 16. Refer to Tafsir al-Kabir, Durr al-Manthur, Kushshaf Ma’alimat Tanzil etc..
• 17. Refer to Tirmizi B.H..
• 18. Ency. Britt, 11th Ed.
• 19. Ency. Britt, 11th Ed.
• 20. By B.H. pp. 119 and 120 Vol. II.
• 21. Refer to D.M. Tafsir al-Kabir Kashshaf, Ma’alim ut-Tanzil, Mustadsak etc.