of Nokounam (may his sacred soul rest in peace) Session 939
The Noble Quran, a book articulated within the flow of history and with profound language, offers its guidance for the organisation of human life. Verses 2 and 3 of Surah An-Nisa, akin to a brilliant jewel within this divine treasury, address fundamental social, familial, and ethical matters and, with a sagacious perspective, provide solutions for justice and societal cohesion. These verses were revealed in an era when Arab society was engulfed by savagery and disorder, a time when the rights of the weakparticularly orphans and womenwere trampled upon. This writing endeavours, through an in-depth examination of these verses, to elucidate their meanings and concepts with clear and dignified language, presented in a scientific and coherent format for the readers. This analysis not only clarifies the verses meanings but also, by connecting them to historical and contemporary contexts, paves the way for a renewed and practical understanding of these divine injunctions.
Text and Translation of the Verse:
وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ ۖ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ ۖ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ ۚ إِنَّهُ كَانَ حُوبًا كَبِيرًا
And restore to the orphans their property, and do not substitute the bad for the good, nor consume their property with your own. Indeed, that is a great sin.
Surah An-Nisa, like a deep and turbulent sea, encompasses diverse issues such as inheritance, marriage, and the rights of orphans. This Surah was revealed at a time when Arab society was submerged in savagery and social order and law were absent. Strength and tyranny constituted the measure of power, and human rightsespecially for women and childrenwere non-existent concepts. Women were regarded as second- or third-class beings, and children, particularly orphans, were defenseless against oppression and injustice. Against this backdrop, the Noble Quran, through the revelation of these verses, illuminated the path of justice and protection of the weak like a shining torch.
Key Point: Surah An-Nisa, with its complexities, functions as a comprehensive blueprint for organising social and familial relations in a disorderly society. The revelation of these verses amidst savagery reflects Divine wisdom in providing solutions appropriate to the conditions of the time.
The command وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ instructs the return of orphans property to them. This command emphasises the right of orphans to ownership even during childhood. The word آتُوا derives from the root أتى meaning to give appropriately, as if God commands guardians to manage the orphans assets not all at once but judiciously and proportionately according to their needs. This proportionality is particularly applicable for nursing orphans and is exercised by the custodian or trustee to safeguard the childs welfare. Even an orphan who has not reached maturity possesses ownership of their property; the guardian is merely a trustee, not the owner.
Orphanhood refers to the absence of a father and continues until maturity. After reaching maturity, the individual ceases to be an orphan and gains full control over their property. This ruling stands as a firm pillar emphasising social justice and preventing oppression of societys weakest members.
The phrase وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ is an explicit prohibition against exchanging the impure (bad) with the pure (good). Bad refers to the orphans property which, in the hands of the guardian, may be exposed to corruption such as theft or misuse. Good refers to the guardians lawful and pure wealth. This prohibition acts as a protective shield for the orphans trust and summons guardians to maintain financial transparency and refrain from any misappropriation of the orphans assets.
The injunction وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ forbids mixing orphans property with that of the guardian and consuming it. This mixture is likened to blending pure water with polluted water, which spoils both. Such an act constitutes not only a manifest injustice against the orphans but also results in moral corruption for the guardian. The Noble Quran, through this prohibition, emphasises the importance of trusteeship and transparency in managing others properties.
Key Point: The prohibitions against consuming orphans property and substituting the bad for the good, functioning like two wings of justice, safeguard the orphans trust and call guardians to preserve purity and financial transparency.
The expression إِنَّهُ كَانَ حُوبًا كَبِيرًا regards consuming the orphans property as a grievous sin. Great sin is like a lethal poison that leads to corruption, debauchery, and hardness of heart. This sin not only harms the oppressor but also undermines the ethical foundations of society. The Noble Quran, with this expression, portrays a blazing fire that consumes and annihilates any form of oppression against the weak.
Verse 2 of Surah An-Nisa, like a guiding torch, stresses justice towards orphans. This verse, emphasising the orphans ownership rights, prohibition of substituting the impure for the pure, and forbidding the mixing of properties, invites guardians to trusteeship and transparency. The great sin of injustice towards orphans, akin to a deadly poison, internally corrupts society. These verses, revealed amid the savagery of the Jahiliyyah era, opened a path toward order and justice and underscored the protection of the weaks rights.
Text and Translation of the Verse:
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا
And if you fear that you shall not be able to deal justly with the orphans, then marry such women as seem good to you, two or three or four; but if you fear that you shall not be able to do justice, then (marry) only one or those whom your right hands possess. That is nearer to prevent you from doing injustice.
The phrase وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ refers to the fear of inability to administer justice in managing orphans property. This fear reflects the practical piety of the guardian. The Noble Quran invites guardians to reflect on their capability and warns that if they are incapable of justice in this matter, they should choose another path. This path is marriage to women, particularly the mothers or relatives of