Respect of rights of property and life, Woman has as much right over her property as man, Similarly, in the matter of inheritance.

An-Nisa’ Verses 26 - 33

يُرِيدُ اللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ الَّذِينَ مِنْ قَبْلِكُمْ وَيَتُوبَ عَلَيْكُمْ وَاللَّهُ عَلِيمٌ حَكِيمٌ

“God desireth to explain to you (His Ordinances) and to guide you in the ways of those (gone) before you and to turn (mercifully) unto you; for God is All-Knowing, All-Wise.” (4:26)

وَاللَّهُ يُرِيدُ أَنْ يَتُوبَ عَلَيْكُمْ وَيُرِيدُ الَّذِينَ يَتَّبِعُونَ الشَّهَوَاتِ أَنْ تَمِيلُوا مَيْلًا عَظِيمًا

“Verily God desireth to turn (Merciful) unto you; but desireth those who follow their own lusts that ye should deviate a great deviation.” (4:27)

يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ وَخُلِقَ الْإِنْسَانُ ضَعِيفًا

“God desireth to lighten your burden, and man hath been created weak1.” (4:28)

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

“O’ ye believers! devour not each other’s property 2among yourselves unlawfully save that be trading3by mutual consent; and kill not your (own) selves; Verily, God is Merciful unto you.” (4:29)

وَمَنْ يَفْعَلْ ذَٰلِكَ عُدْوَانًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارًا وَكَانَ ذَٰلِكَ عَلَى اللَّهِ يَسِيرًا

“And whoever shall do this in aggression4and injustice, soon shall We cast him into the (Hell) fire; for this is (very) easy for God.” (4:30)

إِنْ تَجْتَنِبُوا كَبَائِرَ مَا تُنْهَوْنَ عَنْهُ نُكَفِّرْ عَنْكُمْ سَيِّئَاتِكُمْ وَنُدْخِلْكُمْ مُدْخَلًا كَرِيمًا

“If ye avoid the great sins which ye are forbidden, We will expiate from you (smaller) misdeeds, and We will admit you (to Paradise) an honourable (place of) entry (it is indeed).” (4:31)

وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللَّهُ بِهِ بَعْضَكُمْ عَلَىٰ بَعْضٍ لِلرِّجَالِ نَصِيبٌ مِمَّا اكْتَسَبُوا وَلِلنِّسَاءِ نَصِيبٌ مِمَّا اكْتَسَبْنَ وَاسْأَلُوا اللَّهَ مِنْ فَضْلِهِ إِنَّ اللَّهَ كَانَ بِكُلِّ شَيْءٍ عَلِيمًا

“And covet5not that by which God hath raised some of you above others; for men shall have6of what they earn; and for women shall have of what they earn; and ask God of His Grace; Verily, God is (very well) in the Know of all things.” (4:32)

وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ إِنَّ اللَّهَ كَانَ عَلَىٰ كُلِّ شَيْءٍ شَهِيدًا

“And to everyone We have appointed heirs7(to inherit) of what (their) parents8and near relatives have left behind; and (regarding) those with whom your right hands have made a covenant, give them their portion9; Verily God is ever witness over all things.” (4:33)

Commentary

Verse 26

‘Sunan’, i.e., ways - The essentials of the religion of the preceding generations-mode of the religious conduct of the previous people.

This indicates the consistency and the continuity of the Right Path towards God from Adam down to the Last Prophet (Muhammad) and the rebellious tendency of man against the divine authority, had also been the same to which the Holy Prophet hinted to the Muslims saying:

‘Ye will pursue the same course and tendency of those before you of the people of the Book that if they enter the hole of a lizard ye will do the same.’ (A.P.)

Verse 27

God’s turning merciful to his creatures means bestowing His grace to show them the right path to a successful life.

“That is, man cannot bear the burden of too much religious discipline, occupying 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. 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. There is no virtue that may not become a vice in certain conditions, and no vice either that special circumstances may not raise into a virtue. This, Islam wishes to teach 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.” (B.H.)

Verse 29

This verse clearly indicates the significance or importance Islam attaches to fair play and honesty in business. Dishonesty to any people is spoken here as killing them. The concluding words of the verse are an exhortation towards kindness to each other even in business and God’s mercy is assured as the reward for honesty, fair play and mutual kindness in business.

Verse 30

The punishment announced in this verse against any disregard to the goodness enjoined in the preceding verse indicates the pressure with which Islam demands mutual honesty and fair play in business.

The breach of the law of property and murder are grievous punishable crimes, and the denial of its validity is infidelity10 . (A.P.)

Verse 31

“Strictly the Kabair (plural of Kabira) are such great sins as adultery, fornication, bearing false witness etc., but any sin however venial, may become a Kabira, (a major sin) if done with the thought that it is after all a trifling matter, say nothing of a spirit of insistence (Israr) which makes it greater than the greatest sins-almost quite unpardonable. Thus, practically any sin done deliberately and with full consciousness of the displeasure of God attending it, becomes a Kabira, which must be eschewed. In short, the sins that are forgiven are those fallen into at the spur of the moment, in a heat of passion, without allowing the mind sufficient time to think of God. With the thought of God coming in the mind whether us punisher or as pardoner of the sin, whatever it may be, threatens to become a ‘Kabira.’ (By B.H. pp. 123, Vol. II).

Verse 32

Covetousness is prohibited by this verse.

The equal status of man and a woman in the recompense for what he or she earns of good, or evil is declared here.

Verse 33

‘Mawali’ the plural of ‘Mawla’ has many a significant meaning, Lord, Chief, Cousin, freed man, Slave, Heir. The word here means ‘heir.’

“‘Mawali’ is plural of ‘Mawla’ which conveys a number of significances such as lord, chief, cousin, freed-man, slave, heir. The next words ‘out of what (their) two parents and near relatives leave’ appear to show that it is the last, heir, that is intended here. ‘Those with whom your right hands have ratified agreements.’ In pre-Islamic days people were accustomed to entering into covenants, one with another, by which they undertook to defend each other and to inherit one another; and when one of them died, the other was considered entitled to one sixth of the property of the deceased. When the Muslims fled to Medina the Holy Prophet made every Meccan emigrant enter into a close relationship of Brotherhood with one of the Medina citizens, so that one of them would become an heir to the other (and declared ‘Ali as his brother).” (By B.H. p. 123, Vol. II).

What a pity that every man and woman enjoy the right under this verse, but Lady Fatimah, the heir of the Holy Prophet himself, was not allowed by the ruling authority, to inherit the property bequeathed to her by her father, referring to some false, unproved tradition of the Holy Prophet which was in contradiction to the doctrine of heritage laid down in the Holy Qur’an.

• 1. Hence not submitting to the divine authority.
• 2. This establishes the individual right of private ownership.
• 3. The principle of business transactions.
• 4. Breach of the law of property and murder, grievous crimes- severely punishable - and the denial of the validity of the law is infidelity (AP).
• 5. Covetousness condemned.
• 6. Individual right of property.
• 7. The Closest one.
• 8. This divine right was denied to the Lady Fatimah the daughter of the Holy Prophet and, ‘Fadak’ was taken away from her.
• 9. According to the undertaking in the Covenant without prejudice to the right of the heir.
• 10. See note to 4:12.