Verse 221 of Surah Al-Baqarah, like a radiant jewel among the verses of the Holy Quran, addresses one of the fundamental social and familial issuesnamely, the rulings concerning marriage. This verse, articulated with explicitness and wisdom, provides directives regarding marriage with polytheists and, emphasising faith as the criterion of superiority, offers guidance for a faithful life within a pluralistic society. The exegesis of this verse, presented herein through a scientific and systematic lens, constitutes an endeavour to unveil its epistemological and jurisprudential layers, relying on Quranic and hadith principles, so as to open a gateway for erudite audiences and researchers towards a deeper understanding of divine injunctions. The structure of this work is arranged meticulously, offering comprehensive and coherent content enriched with profound analyses, whilst preserving the spirit of Quranic wisdom and literary elegance.
وَلَا تَنْكِحُوا الْمُشْرِكَاتِ حَتَّىٰ يُؤْمِنَّ ۚ وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ ۗ وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا ۚ وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَتْكُمْ
Do not marry polytheistic women until they believe; indeed, a believing maidservant is better than a polytheist, even though she may please you. And do not marry polytheistic men until they believe; indeed, a believing servant is better than a polytheist, even though he may please you.
Verse 221 of Surah Al-Baqarah, with two explicit injunctions, and do not marry (وَلَا تَنْكِحُوا) and do not marry (وَلَا تُنْكِحُوا), respectively prohibits believing men and women from marrying polytheists. This linguistic construction reflects, like a clear mirror, complete equality between women and men in divine rulings. No superiority or discrimination based on gender is observed in this verse; rather, faith in God is the criterion of value. This equality, like a golden thread woven into the fabric of the Quran, represents a progressive approach unprecedented in the predominantly patriarchal cultures of the time.
This equality extends not only to marital rulings but also can be generalised to other jurisprudential domains. In a world where certain human cultures marginalised women, the Holy Quran unequivocally evaluates human worth based on faith and piety. This principle highlights the necessity for re-examination of traditional exegeses, which sometimes, influenced by local cultures, have inclined towards male superiority. The verse, like a lighthouse in darkness, illuminates the path to a just understanding of divine rulings.
Gender equality in verse 221 represents divine wisdom in legislating rulings founded upon faith and piety, irrespective of gender. This principle paves the way for reconsideration within Islamic jurisprudence to formulate more equitable rulings for both women and men.
In Islamic jurisprudential texts, there exist books with specific titles such as Kitb al-ayawn (The Book of Animals) or Kitb al-Abd (The Book of Slaves), yet there is a conspicuous lack of a comprehensive and specialised source on rulings concerning women, which could be entitled Kitb al-Nis. The Holy Quran extensively articulates commonalities and distinctions between women and men, and this rich content necessitates a systematic jurisprudential codification.
This void stems from the influence of patriarchal cultures upon traditional jurisprudence. The proposal to author over thirty specialised books in the field of womens jurisprudence, commensurate in quality with Lumat al-Dimashqiyya, demonstrates a resolute commitment to redress this deficiency. Such works can serve as a shield against global critiques and defend the esteemed status of women in Islam. By elucidating rulings and distinctive features of women in a scientific and systematic manner, these books can address the internal needs of Islamic societies and present a dignified image of Islam in global discourse.
The absence of specialised womens jurisprudence represents a historical challenge that can be remedied through the compilation of comprehensive and systematic resources. This endeavour not only contributes to the dynamism of Islamic jurisprudence but also solidifies the status of women within the framework of Shariah with dignity and respect.
In traditional jurisprudence, rulings pertaining to slaves and maidservants were compiled under the title Kitb al-ayawn, which, because of its pejorative semantic load, is incompatible with human dignity. Although some similarities between certain human actions and those of animals exist (such as labour and carrying burdens), this resemblance should not lead to equating humans with animals. The term Abd wa Mah as used in the Quran refers
