Verse 233 of Surah Al-Baqarah, among the firm and clear verses of the Noble Qur'an, presents a comprehensive and equitable system for regulating familial relations, centred upon the rulings of breastfeeding, parental duties, and the preservation of the child's rights. This verse, relying on rationality and logic, eschews any form of authoritarianism or coercion, and through a concise expression encompasses extensive rules that are effective not only for the era of revelation but for all times and places. Emphasis on mutual consent, consultation, repudiation of injustice and exploitation, as well as divine oversight, renders this verse an unparalleled paradigm within the familial legal framework. In this discourse, adopting a scientific and academic approach, the concepts of this verse are elucidated, its legal, ethical, and social dimensions analysed, and the challenges related to the implementation of these rulings critically examined.
فَإِنْ أَرَادَا فِصَالًا عَنْ تَرَاضٍ مِنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدْتُمْ أَنْ تَسْتَرْضِعُوا أَوْلَادَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُمْ مَا آتَيْتُمْ بِالْمَعْرُوفِ ۗ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِير
Translation: And if they both desire weaning through mutual consent and consultation, there is no blame upon them. And if you wish to have your children suckled by a wet nurse, there is no blame upon you, provided that you deliver what you have promised in a fair manner. And fear Allah and know that Allah is Seeing of what you do.
Verse 233 of Surah Al-Baqarah, one of the lengthier verses in the Qur'an, owing to its comprehensiveness and inclusiveness, presents a complete system for regulating familial relationships. This verse encompasses matters concerning the child, parents, and even heirs, establishing rules aimed at maintaining justice and equity within these relations. Unlike human laws, which at times incline towards authoritarianism and compulsion, this verse relies on reason and logic to offer guidance and direction.
Key Point: The verse's comprehensiveness in elucidating legal and ethical principles renders it an unparalleled model for familial systems operating beyond the constraints of time and place.
One of the most prominent features of this verse is the absence of any form of coercion or imperative command. The Noble Qur'an, in this verse, refrains from issuing coercive orders, instead guiding through rational and logical rules. This approach manifests the grandeur of Islam in presenting a legal system founded upon justice and mutual agreement.
The verse, emphasising the expressions "لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا" (the mother shall not be harmed because of her child) and "وَلَا مَوْلُودٌ لَهُ بِوَلَدِهِ" (nor the father because of his child), negates all forms of injustice and oppression within familial relations. This principle forms the basis of justice in the interactions between parents and child.
Key Point: The negation of injustice in this verse extends not only to the parents but also to the child and even the foetus prior to birth, indicating the comprehensiveness of the Qur'anic legal system.
The mother is obligated to breastfeed and care for the child, though this duty is conditional upon her physical and psychological health. Should breastfeeding be detrimental or enforced against her will, this obligation is negated, exempting the mother from this responsibility. This condition reflects the Qur'an's attention to preserving the dignity and well-being of the mother.
The father is responsible for providing sustenance and clothing in a customary manner. This duty not only prevents financial exploitation by the father but also emphasises the provision of essential and customary needs rather than superfluous luxuries.
The verse underscores the protection of the child's rights even after the death of the parents. The phrase "وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ" (and upon the heir is [a duty] like that) indicates that financial responsibility and support for the child persist post paternal demise, and the child's rights are safeguarded through inheritance.
The expression "فَإِنْ أَرَادَا فِصَالًا عَنْ تَرَاضٍ مِنْهُمَا وَتَشَاوُرٍ" emphasises the necessity of mutual parental consent and consultation in the weaning process. Consent (tar) refers to the parents agreement, whereas consultation (tashwur) implies the need for deliberation and, in complex cases, seeking expert opinions from medical, ethical, or social authorities.
Key Point: The emphasis on consent and consultation prevents coercion in familial decision-making and highlights rationality and fairness.
The verse implicitly addresses the quality of maternal milk. If the mother's milk is deemed unsuitable for health reasons or moral corruption, the father may justifiably prevent breastfeeding and appoint a wet nurse. This right is conditional upon rationality and logic, not arbitrariness.
The phrase "وَإِنْ أَرَدْتُمْ أَنْ تَسْتَرْضِعُوا أَوْلَادَكُمْ" indicates the possibility of appointing a wet nurse. This decision may be made by the parents or relatives (such as grandparents). Remuneration to the wet nurse must be rendered in a manner "بِالْمَعْرُوفِ"fair and justthus preventing exploitation.
Key Point: Fair payment to the wet nurse affirms the intrinsic value of her service and negates the supply-and-demand law that could lead to exploitation.
The verse indirectly criticises exploitation in employment relationships. Inadequate payment to workers or wet nurses, especially when labour supply is abundant, constitutes injustice incompatible with Qur'anic justice. Contractual workers lacking ownership over their labour are exploited akin to instruments.
Key Point: The critique
