Derived from the lecture series of Nekounam, (Session 940)
Surah An-Nis, like a profound ocean, encompasses laws and principles that govern the organisation of familial, social, and financial relationships within the Islamic community. Verses 3 and 4 of this Surah, with a sagacious outlook on issues concerning orphans, marriage, dowry, and justice, offer guidance rooted in the realities of the pre-Islamic society, yet speak universally for all eras. This treatise, through reflection upon these verses, elucidates their meanings and rulings, and by linking Quranic concepts to social and historical matters, provides a comprehensive framework for deeper understanding.
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 deal fairly with the orphans, then marry of the women who seem good to you: two, three, or four. But if you fear that you shall not be just, then only one or (the captives) that your right hands possess. That is more suitable to prevent you from doing injustice.
Verse 3 of Surah An-Nis, beginning with the phrase "And if you fear that you shall not deal fairly with the orphans", addresses the concern of justice in the management of orphans assets. This apprehension is not born of weakness, but rather indicates a sense of responsibility, as if the guardian of the orphans acts like a vigilant custodian standing firm against financial temptations. Justice here denotes fairness in administering the property of orphansassets vulnerable to exploitation due to the absence of guardianship.
The command "then marry of the women who seem good to you" introduces marriage as a practical solution for fostering closeness and support for orphans. This closeness functions as a bridge that diminishes the distance between guardian and orphan, facilitating supervision and assistance. The expression "who seem good to you" alludes to moral and natural suitability in the selection of a spouse, as if the Quran exhorts the believers to act like skilful gardeners seeking a compatible and worthy sapling in choosing their partner.
This verse, contrary to some restricted interpretations, does not confine marriage solely to relatives of orphans (such as their mother or sister). The general criterion in the phrase "of the women" signifies the inclusivity of the ruling to all women. This universality opens the door for marriage as a means to support orphans and other women without guardianship.
The phrase "two, three, or four" limits the number of wives to four, representing a fundamental reform compared to the pre-Islamic custom that permitted unlimited polygamy. This limitation acts as a barrier to chaos in familial relations. However, the condition of justice in "But if you fear that you shall not be just" clarifies that polygamy is only permissible when equity in treatment and livelihood among wives is maintained.
If the guardian, like a just judge, cannot establish justice between wives, the verse advises limiting oneself to one wife or to what ones right hand possesses (female captives). This counsel, in the context of a society where slavery was prevalent, provides a practical measure to avoid oppression and transgression. The phrase "That is more suitable to prevent you from doing injustice" emphasises that limiting oneself to one spouse or a captive is nearer to justice, as if the Quran paves a clear path to avert wrongdoing for the believers.
Some interpretations, attributed to certain religious scholars, have confined the marriage discussed in this verse to women related to orphans. This viewpoint, due to its incompatibility with the apparent generality of the phrase "of the women", is subject to criticism. A correct exegesis must reflect the clear text of the Quran like a flawless mirror, refraining from unfounded inferences. Furthermore, certain translations, due to lack of precision, have led to misunderstandings. This critique highlights the necessity of interpretation grounded in the apparent meaning of the verses and their context.
Verse 3 of Surah An-Nis, by emphasising justice in managing orphans assets and presenting marriage as a means of support, provides an ethical and social framework. This verse, with a general standard and a specific case, addresses not only orphans but also all women lacking guardianship. The condition of justice in polygamy and the advice to limit to one wife or a captive if justice cannot be achieved demonstrate the Qurans wisdom in regulating family relations and preventing oppression.
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً ۚ فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
And give the women their dowries graciously. But if they remit any part of it to you of their own accord, then take it and enjoy it with good conscience.
Verse 4 of Surah An-Nis, through the command "And give the women their dowries graciously", emphasises the payment of the dowry as a gift given willingly. The word "graciously" alludes to generosity and largesse in the dowrys provision. In the Quranic system, the dowry is not a symbol of purchase or sale of the woman but a sign of the mans sincerity and commitment to the marital life. This gift stands as a document that distinguishes the bond between husband and wife from illicit relations.
The phrase "But if they remit any part of it to you of their own accord" refers to the voluntary forgiveness of a portion of the dowry by the wife. Such remission must be out of full consent, and the wealth thus relinquished is wholesome and beneficial. A narration states: If you fall ill and are not healed, take from your wifes dowry and buy something to eat, for it brings healing. This narration highlights the spiritual and physical blessing of lawful wealth, as wealth given with complete consent is like pure water, carrying purity and blessing.
