عَلِیۡمًا

2:287; 99:9.

4:177.

Important Words:

ابویه (his parents) is really ابوینه, the letter ن being dropped owing to اضافة. The word ابوین is the genitive of ابوان which is the dual form of اب which is originally ابو meaning, father or grandfather or any male ancestor or paternal uncle. ابوانliterally meaning "two fathers" signifies "father and mother" (Lane).

ولد (child) is very general in its significance meaning: (1) a child, son, daughter or a young one; (2) children, sons, daughters, offspring or young ones. Thus the word is used both as singular and plural, feminine and masculine (Lane).

Commentary:

This and the succeeding verse combined with the last verse of the Surah give the Islamic law of inheritance in a nutshell.

Islam prescribes suitable shares for all near relatives in the property of a deceased person without distinction of sex or order of birth. Children, parents, husbands and wives are the principal heirs who, if alive, get suitable shares in all circumstances, other relations having a title only in special cases. A male has been given double the share of a female because he has been made responsible for the maintenance of the family (Ma‘ani, vol. ii, p. 32).

The Islamic law of inheritance is perfect and it safeguards against all evils that result from laws prescribed by, or in vogue in, other faiths and communities. It aims at a fair distribution of wealth and equal chances of progress for all. To give the property of a deceased parent to the firstborn son only or to exclude the female members from inheritance or to disinherit parents in the presence of children has proved a veritable curse for society in many ways—moral, social and economic. The Islamic law of inheritance, reinforced by the system of Zakah (prescribed alms) and by the injunction prohibiting the giving and taking of interest, provides a golden mean between capitalism and communism—the two evil extremes of the present-day economic system.

The verse begins by laying down a general rule as to the proportion of shares between sons and daughters. A son is to have as much as two daughters. So wherever there are both sons and daughters, this rule will come in force. When, however, there are only daughters and no son, the verse allots two-thirds of the legacy to the daughters if there are more than two of them, and one-half if there is only one. The share of daughters, in case there are two, is not expressly stated. But the use of the conjunction فا (but) in the clause, but if there be females only, numbering more than two, clearly points to the fact that the share of two females has been referred to in the preceding words "two females". Moreover, the share of two females can be gathered from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son is to get as much as two daughters. Thus, if there be one son and one daughter, the son will have two-thirds. But as the share of one son has been made equal to that of "two daughters", the latter, in case there is no son, will have two-thirds, viz., the same share as has been expressly fixed for three daughters. Thus, the very construction of the verse shows that if there be two daughters and no son, they too, as in the case of three daughters, will get two-thirds. If it had not been the object of the Quran to point to the share of two daughters in the clause, it would have been something like this, "a male shall have twice as much as a female", and not as it is now.

The above meaning is corroborated by a saying of the Holy Prophet himself. It is related that when a Companion of the Holy Prophet named Sa‘d bin Rabi‘ah died in the Battle of Uhud, leaving two daughters and one widow, his brother took away the whole property, leaving nothing for the two daughters. Thereupon the widow of Sa‘d went to the Holy Prophet and said, "Here are the two daughters of Sa‘d. Their uncle has taken the whole of his property and has left nothing for them." The Holy Prophet told her to wait till God should decide the matter. Then this verse was revealed and the Prophet called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters and one-eighth to their mother and keep the rest for himself (Tirmidhi & Dawud).

The verse speaks of three cases as regards the share of the parents: (1) If a person dies leaving one or more children, then each of his parents shall have one-sixth; (2) If a person dies issueless and his parents are the sole heirs (there being no wife or husband of the deceased person), then the mother will have one-third of the property and the remaining two-thirds will go to the father; (3) There is a third case, which is really an exception to the second case. A man dies without issue and his parents are his sole heirs, but he has brothers or sisters. Then, although his brother or sisters will not inherit from him, yet their presence will affect the share of the parents, for, in this case, the mother will have one-sixth (instead of one-third, as in the second case) and the remaining five-sixths will go to the father. The reason why the father is awarded a larger share in this case is that the father has also to support the brothers or sisters of the deceased. The subject of inheritance is continued in the succeeding verse.

6:55; 16:120; 24:6.

Commentary:

The expression بجھالة (ignorantly) does not mean that the offenders do evil without knowing that it is evil. In fact, every evil deed which a man does is an act of ignorance, born of lack of true knowledge. The Holy Prophet is reported to have said, "There are some kinds of 'knowledge' which are really 'ignorance' ", i.e. the learning of which is injurious to man (Bihar). So the expression بجھالة (ignorantly) has been added to point to the philosophy of sin and to exhort people to acquire true knowledge with a view to avoiding sin.

The words من قریب (soon after) here mean "before death" which may come at any time and is thus always near. The Holy Prophet is reported to have said: "Allah accepts the repentance of man till the agonies of death" Muslim, ch. on Taubah). This explanation is corroborated by what is said in the next verse (4:19), viz. who continue to do evil until when death faces one of them, he says, I do repent now. This shows that repentance may be accepted of any person, if he sincerely repents before death actually overtakes him.

4:26; 5:6.

4:5; 60:11.

Important Words:

المحصنات (married) is the plural of محصنة and is derived from حصن meaning, he or it was or became inaccessible, fortified or protected against attack. حصن المرأة means, the woman was chaste, i.e. protected against moral or sexual sinfulness. احصنت المرأة means, the woman got married. محصنة therefore, means a married woman; a chaste woman who abstains from what is unlawful; a free or noble woman as opposed to a bondwoman. Similarly محصن means, a married man; chaste man who abstains from what is unlawful: a free or noble man. حصن means, a fort or a fortress. The word محصنات would, therefore, mean, women who have protected themselves by entering, as it were, the fortress of marriage. The word has been used in the Quran in all the different senses, i.e. (1) married women, (2) chaste women and (3) free women; but in the present verse it has been used in the sense of married women (Lane & Aqrab).

مسافحین (committing fornication) is the active participle from سافح which is derived from سفح. They say سفح الدم i.e. he shed blood or made it flow. سفح الدمع means, tears began to flow. Thus the word is both transitive and intransitive. سافحة means, he vied with the other party in shedding blood; he committed fornication. مسافحة means, a fornicator and مسافحة means, a fornicatress (Lane & Aqrab).

اجور (dowries) is the plural of اجر which means, reward or wages. اجر المرأة means, dowry of a woman (Taj). Also, in 33:51 the word has been used in the sense of dowry.

استمتعتم (the benefit you receive) is formed from متع. They say متعھا بکذا i.e. he gave her (his wife) such a thing. تمتع بالمرأةmeans, he benefited by the woman temporarily. استمتع بکذا means, he benefited by it for a long time. The Arabic idiom does not countenance the use of استمتاع with regard to a woman in the sense of temporary connection (Lisan). It must also be noted that whenever the noun تمتع (tamattu‘) is used to denote temporary connection with a woman, it is followed by the preposition با (ba) put before the word standing for the woman, as in the above example. But in the expression فما استمتعم به منھن to pronoun ھن referring to women is preceded by the preposition من.

ماملکت ایمانکم (what your right hands possess). The Arabs say ھذا ملک یمینی i.e. he or it is in the possession of my right hand, meaning, he or it is in my possession and I can deal with him or it as I like (Lisan & Aqrab). The expression ما ملکت ایمانکمgenerally signifies, men or women taken prisoner in war and being in the custody and control of their Muslim captors. In this verse, the expression means women prisoners only. The term has been used by the Quran in preference to عباد or اماء (slaves and bondwomen) to point to just and rightful possession, the word ایمان (right hands) also pointing to the same fact.

Commentary:

The expression, such as your right hands possess, has been used in the Quran with regard to those men or women who took part in aggressive wars against Islam and fell prisoners into the hands of Muslims. The context, however, shows that the expression used in the present verse means female prisoners of war. Islam does not allow women taken prisoner in ordinary wars to be taken as wives. This exceptional injunction becomes operative only when a hostile nation wages a religious war against Islam with a view to extirpating it and compelling Muslims to abandon their religion at the point of the sword, and treats their prisoners as slaves, as was done in the days of the Holy Prophet when the enemy took away Muslim women as prisoners and treated them as slaves. The Islamic injunction was thus only a retaliatory measure and also served the additional purpose of protecting the morals of captive women who were generally in large numbers and whom war separated from their kith and kin. A people who seek to compel others to forsake their religion at the point of the sword and reduce them to slavery are mere brutes and not respectable human beings. They must be paid back in their own coin in order to bring them to their senses. For a fuller exposition of this subject see General Introduction.

It may be noted that it is not permitted to take into marriage such female relations of a bondwoman who is treated as wife, as correspond to the relations of a free woman within the prohibited degree. For instance, the mothers, sisters, daughters etc. of such bondwomen cannot be taken in marriage.

The advocates of mut‘a (temporary marriage) have endeavoured in vain to infer its legality from this verse. The Quran and the Arabic language both contradict this manifestly unfounded inference. The misunderstanding about mut‘aseems to have arisen from the failure to understand the difference between the meanings of تمتع and استمتاع given under Important Words. The author of Lisanul-‘Arab quotes Zajjaj as saying: "This is a verse in the interpretation of which some men have committed a great blunder, owing to their ignorance of the Arabic language. They have inferred from it the legality of mut‘a which, by the consensus of opinion among Muslim theologians, has been declared to be unlawful, whereas the words simply mean marriage performed in accordance with the conditions mentioned above."

According to Arabic usage, the legality of mut‘a, as asserted by some people, cannot, therefore, be inferred from this verse. If there had been any reference to mut‘a, the preposition used ought to have been با (ba) and not من (min). Moreover, the expression used here is not تمتع but استمتع which possesses a sense different from that of the former word.

Nor can any inference in favour of mut‘a be drawn from the expression اجورھن which, as explained under Important Words, means "their dowries", in which sense it has been used in the Quran elsewhere also (33:51).

On principle, the dowry must be paid immediately at marriage; but with the wife’s consent the payment can be suitably deferred. The husband can increase the amount of the dowry later, if he so desires; but he cannot decrease it except with the permission of the wife or the qadi.

4:35.

Commentary:

The first part of the verse means that: (1) One should not pray that God may give one the very thing which another man possesses; (2) One may, however, pray that God may bestow on one "the like of that" which has been given to another man; (3) That while praying, one should not keep in view any particular favoured person, wishing that God may make one like that particular person, for it may be the will of God to bestow His favours upon one in even a greater measure. One should only pray to God generally for His bounty and grace, for Allah’s bounty and grace are unbounded.

The words, Men shall have a share of that which they have earned, etc., contain the key to national progress and advance. Both men and women get what they earn and deserve. So we should not wish evil for others but should work and pray. This is the way to succeed in life and to win the pleasure of God. The words also reveal the equality of men and women so far as their work and reward are concerned.

4:129.

Important Words:

حکما (arbiter) is fromحکم. They say حکمه i.e. he made him judge. حکمor حاکم means, one who judges, a judge, an arbiter, an arbitrator or umpire between people; a ruler or governor (Lane).

Commentary:

The pronoun, used in the plural number, in the expression إن خفتم (if you fear) refers to a Muslim State, or community, or the people generally. The arbiters should prefer-ably be chosen from the relations of the contending parties, because they are expected to be acquainted with the real cause of differences and it is easier also for both parties to put their case before them. The verse makes it clear that Islam leaves no avenue unexplored to bring about reconciliation between husband and wife before it allows them to sever the tie of marriage.

Commentary:

See note on the preceding verse.

58:5.

Commentary:

As the preceding verses contained injunctions which if misconstrued or misapplied, were likely to lead to a Muslim being killed by a Muslim, the present verse gives a timely warning against such an eventuality.

The words, It does not become a believer to kill a believer, have been used to make a touching appeal to believers to abstain from killing each other, since they are like brothers. It, in no case, behoves a brother to kill a brother. The words thus contain an important injunction which forms a fitting sequence to the one contained in the preceding verses concerning the hypocrites. The verse cautions a Muslim to be always on his guard lest in carelessness he should happen to kill a brother Muslim.

In case the slain person is a believer but happens to belong to a hostile people, then the offender shall only free a believing slave and no blood money shall be levied on him, because money paid to a hostile people would go to strengthen their military power against Islam which can in no case be allowed.

In the expression, and if he be of a people between whom and you is a pact, the words, and he be a believer, have not been repeated, in order to point out that the law with regard to the dhimmis (disbelievers under the protection of Muslims), or Mu‘ahids (disbelievers belonging to a people in alliance with Muslims) is the same as for Muslims.

It is worthy of note here that disbelievers who are in alliance with Muslims have not only been placed on a par with the latter, but even a distinction has been made in favour of the former. In case a Muslim is slain, the command relating to the payment of fine has been placed after the injunction to free a slave; while in case one belonging to a people in alliance with Muslims is slain, the order has been reversed, the injunction to pay the fine to his heirs being put before the injunction to free a slave. This has been done to impress upon Muslims the need of showing special regard for treaties and pacts. The payment of fine was an obligation which Muslims owed to disbelievers with whom they had made a pact, and in order to bring home to Muslims the lesson that they should have particular regard for their pacts and treaties, the injunction to pay the fine has in their case been placed before the injunction to free a slave.

3:147.

Commentary:

The expression, you hope from Allah, does not merely signify "hoping to get a reward or recompense", but also includes "hoping to win the pleasure of God and attain His nearness." There can be no bigger incentive for making sacrifices in the cause of religion than the hope that one will thereby win the pleasure and nearness of one’s Lord and Master.