Topic: Forbidden Marriage

Important Words:

مقتا (hateful). مقته means, he hated him on account of a foul or evil action committed by him; he hated him with a violent hatred on account of a foul or evil action. مقتtherefore, means, violent hatred based on some foul or evil action; contracting marriage with the former wife of one’s father which is considered to be a most hateful act (Aqrab).

Commentary:

The clause, except what has already passed, does not mean that stepmothers taken as wives before this verse was revealed could be retained. What the words mean is simply that if such men repent and amend, no harm will come to them for what unlawful acts they might have committed in the past. The past will certainly be forgiven but the women whom it was unlawful to marry were to be divorced at once after this verse was revealed. In fact, the position of women in pre-Islamic Arabia was so degraded that men looked upon their stepmothers as part of the chattels, left by their fathers, with whom they did what they liked. Islam accorded to women inviolable rights which could not be infringed with impunity.

Important Words:

ربائب (step-daughters) is derived from رب and is the plural of ربیبة meaning the daughter of a woman’s husband by another wife or the daughter of a man’s wife by another husband, because he or she rears her in spite of her being not a real daughter; or it means the wife of a man having child by another wife; also a woman who has the charge of a child, who rears or fosters it (Lane & Aqrab).

حجور (wards) is the plural of حجر which is derived from حجر meaning, he prevented or hindered it. حجر means, bosom or breast or the part beneath the armpit; custody, care or guardianship. They say, نشأ زید فی حجر عمرو i.e. Zaid grew up in the care and protection of ‘Amr. The expression التی فی حجور کم would, therefore, mean, those who are under your care or guardianship, i.e. your wards (Lane Aqrab & Mufradat).

حلائل (wives) is the plural of حلیلand حلیلة which are both derived from حل i.e. he alighted or took up his abode; or he or it became lawful; or he untied a knot, etc. حلیل means, husband and حلیلةwife. حلیل also means, a fellow-lodger or fellow-resident of another in one house (Aqrab). It also means a neighbour and a guest (Lane).

ارضعنکم (have given you suck) is derived from رضع. They say رضع امه i.e. he sucked the breast of his mother. ھذا اخی من الرضاعةmeans, he is my foster-brother, we both having sucked the breast of the same woman. ارضعته امه means, his mother suckled him; and استرضعت المرأة ولدی means, I sought or demanded of the woman that she should suckle my child (Lane).

Commentary:

The prohibition about marrying mothers, sisters and daughters may look superfluous; but there are certain people (e.g. certain sects among the Hindus) who regard such marriages as not only permissible, but even meritorious. The Quran, being a perfect code of Law, contains everything essential for man’s physical, moral and spiritual well-being. The Quranic laws are in perfect harmony with human nature; in fact, they only remind us of what is writ large on the book of human nature by God’s own hand. Human nature responds to what is taught by the Quran and the Qurancommands that which human nature demands, and it prohibits what human nature revolts against. The Holy Prophet is reported to have said that the relatives of foster mothers are as forbidden as those within prohibited degree of relationship of real mothers. It is not lawful to marry foster-sisters and foster-daughters and so on. There exists, however, a difference of opinion among Muslim theologians as to what amount of suckling makes the marriage of foster mothers and foster-sisters and their relations (within prohibited degree of marriage) unlawful. Some hold the view that the prohibition comes into operation in all cases even when a woman has given suck to a child only once. According to others who derive their authority from a saying of the Holy Prophet, reported by ‘A’ishah, viz. لا تحرم المصة ولا المصتان i.e. "A suck or two do not make marriage unlawful" (Tirmidhi, ch. on Rida’), the least number of sucks to render marriage unlawful is three. But there is yet another saying of the Holy Prophet, also reported by ‘A’ishah, that mentionsخمس رضعات معلومات (five distinctly known sucks) as necessary to make marriage unlawful (Muslim), and this appears to be the correct view. One suck amounts to the quantity taken by a child at one stretch, i.e. when for the time being it should leave off sucking of its own accord and before returning to it. The age of the child must be within two years at the time of sucking.

The qualifying clause, who are your wards, is only added to draw our attention to the fact that we should bring up our wards with the same care and tenderness that we bestow upon our own children; otherwise marriage with the daughters of women with whom conjugal relations have been established is unlawful, whether or not they are brought up as wards. The daughters of those women with whom such relations have not been established can be taken into marriage and this is the meaning of the words, but if you have not gone in unto them, there shall be no sin upon you.

The expression, of your sons that are from your loins, is added to exclude wife’s sons as well as adopted ones. Islam does not recognize the system of adoption. It wants us to look upon all Muslims as brothers; and as the adoption of certain individuals as sons conflicts with this principle of universal brotherhood, it has been prohibited by Islam. The system of adoption also leads to contention and litigation.

In conformity with the command contained in the words, it is forbidden to you to have two sisters together in marriage, the Holy Prophet is reported to have ordered one of the two sisters who were together the wives of one man to be divorced by him after this injunction was revealed (Tirmidhi, ch. on Nikah). The injunction is based on sentiments of deference to near relationship and is meant to exclude possibility of dissensions in the close family circle.

For similar reasons the Holy Prophet has forbidden to unite in marriage a maternal aunt and her sister’s daughter, or a paternal aunt and her brother’s daughter.

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.