Topic: Rights Over Women

2:235; 65:5.

4:35.

Important Words:

قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).

ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).

بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).

المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.

درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).

Commentary:

In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.

The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.

The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.

A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء

the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.

2:229.

2:238; 4:33.

Important Words:

قوامون (guardians) is derived from قام i.e. he stood. They say قام علیه i.e. he tended or took care of it or him. قام بالیتم means, he maintained the orphan. قام علی المرأة means, he undertook the maintenance of the woman; he undertook or managed her affairs; he protected her, or became her guardian. قوم الشیء (qawwama) means, he set the thing right, or made it straight or even. قوام therefore means, one who manages affairs well; a ruler or governor; one in a position to issue orders (Lane & Aqrab).

قانتات (obedient) is the plural of قانتة being the active participle from قنت. They say قنت لله i.e. he was obedient to God. امرأة قنوت means, a woman humble, submissive and obedient to her husband (Lane). See also 2:117.

نشوز (disobedience) is the noun-infinitive from نشز i.e. he rose or raised himself. نشزت المرأة علی زوجھا means, the woman rose against, or was disobedient to her husband and exalted herself against him and resisted him and was an evil companion to him. نشز المرء علی زوجته means, the husband treated his wife unjustly and was unkind to her or forsook her or hated her and was an evil companion to her (Lane & Aqrab).

اھجروھن (leave them alone). ھجر means, he cut him off from friendly or loving communion or intercourse; he forsook or abandoned him; he "cut" him, i.e. he boycotted him and ceased to speak to him or to associate with him. ھجر الشیء means, he forsook, or abandoned the thing; he shunned or avoided it. ھجر زوجته means, he separated himself from his wife or kept away from her (Lane & Mufradat).

اضربوھن (chastise them) is derived from ضرب. They say ضربه i.e. he beat, struck, smote or hit him (with hand, stick, etc.); hence, he chastised him.

علیا (High) is derived from علا i.e. he or it was or became high, elevated, lofty or exalted. تعالی means, he was or became high, elevated, exalted or supremely exalted or extolled. علی means high, elevated or lofty in rank, condition or state. العلیwhich is one of the attributive names of God (e.g. 2:256) means, the High; the Most High; He above Whom is nothing. المتعالی is also an attributive name of God (e.g. 13:10) meaning, He Who is Great or Supremely Great, the High or the Most High; One Higher than every other high one. تعال means, come thou, as if said by a man in a high place when calling upon a man in a low place, but is also used generally (Lane).

Commentary:

The verse gives two reasons why man has been made the head of the family: (a) his superior mental and physical powers; (b) his being bread-earner and maintainer of the family. It is natural and fair that he who earns and supplies the money should have the final say in the disposal of affairs.

The word قانتات (obedient) spoken of wives may mean either obedient to God, or to husbands.

The expression, guard the secrets of their husbands, means that when the husbands are at home, they are obedient to them and guard their secrets; and when they are away, they not only guard their secrets but take care of their property and guard their own chastity.

The clause, leave them alone in their beds, may mean: (a) abstention from conjugal relations with them; (b) sleeping in separate beds; or (c) ceasing to talk to them. The use of the word "beds" also incidentally implies that the disobedient wives are to stay at home and are not to be allowed to leave or be turned out of their homes.

The measures mentioned in the verse are not to remain in force for an indefinite period, for wives are not to be left like a thing suspended (4:130). Four months, according to the Quran, is the utmost limit for abstention from conjugal relations, i.e. for practical separation (2:227).

If the husband deems the affair to be sufficiently grave, he will have to observe the conditions mentioned in 4:16.

Regarding "chastisement" mentioned as a last resort in the verse under comment a Companion reports the Holy Prophet to have said that if at all a Muslim has to beat his wife, the beating should not be such as to leave any mark on her body (Tirmidhi, ch. on Rida‘). According to Abu Dawud and Nasa’i, the Holy Prophet forbade the beating of women at all, but when ‘Umar complained that they had become refractory, he gave the permission with the aforementioned condition; but on complaint of ill-treatment of women by their husbands he indignantly said that the husbands who beat their wives were not the best among men (Kathir, iii). On another occasion the Holy Prophet is reported to have said: "The best among you is he who treats his wife best and I am the best of you in this respect" (Tirmidhi).

The Divine attributes of "High and Great" mentioned at the end of the verse are also intended to warn husbands that the chastisement of their wives, if at all resorted to should not be unjust or vindictive or highhanded; for if they are high and great above their wives, there is One Who is High and Great above all and He shall call husbands to account for any improper use of the qualified authority given to them over their wives.