of Nekounam, may his sanctity be revered (Session Nine Hundred and Forty-Nine)
The Holy Quran, the Book of Guidance and Salvation, addresses various aspects of human life in its verses, including family relations, marriage, divorce, and women's rights. This treatise, focusing on Verses 20 and 21 of Surah An-Nis, undertakes a profound examination and analysis of these verses within the historical and social context of their revelation. This study not only elucidates the apparent meanings of the verses but, through a multidisciplinary approach encompassing jurisprudence, history, sociology, and psychology, explores deeper layers of meanings and messages embedded therein. The aim is to clarify the status of these verses in regulating family relationships and critiquing the Jahiliyyah culture that relegated women to a status beneath humanity. While preserving all details of the original lecture, this treatise endeavours to convey the spirit and message of the verses with clear and dignified language, as though a light of Quranic truth is cast upon the darkness of the pre-Islamic culture.
Verses 20 and 21 of Surah An-Nis were revealed within the context of a Jahiliyyah society in which women were regarded not as dignified and volitional human beings, but rather as objects and powerless entities. In this culture, described metaphorically as a jungle of lust and violence, women were deprived of fundamental rights and were transferred like commodities in the hands of men. Women, akin to pigeons trapped in the claws of a wild cat, were subjected to a patriarchal will that recognised no limits in oppression and humiliation. These verses, in such a context, sought to reform this culture and presented a legal and ethical framework for organising family relations.
Islam, when confronted with this savage culture, whose people were described metaphorically as lizard-eaters and chameleon-devourers, approached reform with caution and gradualism. This caution did not stem from weakness but from divine wisdom intending to reform the deep roots of oppression without causing social disorder. Like a wise gardener, Islam pruned the withered branches of Jahiliyyah culture so that the sapling of justice and mercy could sprout in the soil of society. These verses exemplify such gradual reforms, which, by enacting rulings on divorce and dowry, defended womens rights.
And if you intend to exchange one wife for another and have given one of them a great amount (of wealth), do not take anything back from it. Would you take it in falsehood and manifest sin?
The phrase "substitution of a spouse in place of another" means replacing one wife with another. Within the context of the verse, spouse refers to a woman, not a man, as replacing one man with another was meaningless in that era. This substitution arises in circumstances where a man has four wives and, due to the legal limitation on the number of wives, must divorce one to marry a new one. This limitation, figuratively called the filling of the cup, contributed to organising family relations in a society previously immersed in sexual chaos.
Qintr means a large amount of wealth, such as a sack of gold and silver, signifying a substantial dowry paid by the husband to the wife. The verse explicitly forbids reclaiming this dowry, even if it is large. This prohibition comes with a threatening tone: Would you take it in falsehood and manifest sin? Falsehood here signifies a grave and astonishing lie aimed at humiliating and disgracing the woman, while manifest sin denotes an overt sin accompanying financial exploitation through divorce. This prohibition serves as a shield erected by the Holy Quran against financial injustice towards women.
And how could you take it while you have gone in unto each other and they have taken from you a firm covenant?
The word af means to approach or to have intercourse, referring to both physical and emotional intimacy, indicating the depth of the relationship between man and woman. This term opens a window towards intimacy and affection, where two souls and bodies unite, forming a profound bond. The Holy Quran, by emphasising this connection, condemns reclaiming the dowry, as such an act constitutes betrayal of this intimacy and violation of the woman's sanctity.
The firm covenant refers to the lawful marriage contract, a strong and firm covenant between the man and woman. In this covenant, the woman plays an active role (offer) and enters this union with her own will. This active role indicates that the woman in marriage is not merely a passive object but an agent possessing will and dignity. However, in divorce, this will is taken away from her, and the man alone has the authority to end this bond, reflecting the patriarchal culture of the Jahiliyyah era.
In Jahiliyyah culture, women were reduced to powerless and worthless beings. They were treated like sacks of onions in the market, moved around without any role in family decisions. Divorce was easily effected unilaterally by the man, with women often unaware of the decision. These verses, by forbidding reclaiming the dowry and condemning falsehood, took a step toward restoring women's dignity.
Islam, in a context where its people were notorious for savagery and lust, could not reform all inequalities at once. Nevertheless, by enacting rulings such as limiting the number of wives to four and prohibiting financial oppression of women, it introduced a new order in family relations. These reforms, like a light in the darkness of Jahiliyyah, paved the way for justice and mercy, albeit incompletely due to social limitations.
The Holy Quran, in Verse 21, by emphasising af some of you to others prior to they took from you a firm covenant, demonstrates that affection and knowledge precede the marriage contract. From a psychological viewpoint, this stresses the importance of conscious and emotional choice in marriage. Marriage is likened to a structure founded upon love and understanding, which collapses without this base.
Violence and immorality are two major afflictions threatening human societies, both in Jahiliyyah and in the modern world. In Jahiliyyah, women were victims of violence and degradation. In the modern world, the normalisation of free relationships and inappropriate dress has intensified immorality. These two phenomena, like a violent storm, undermine moral and human foundations.
Religious knowledge, over fifteen centuries, has not fully resolved womens issues. The lack of dynamic and scholarly ijtihd has shackled religious knowledge from addressing contemporary needs. This ineffectiveness stems not from the essence of religion, but from traditional methods of interpretation and implementation.
Modern civilisation, despite slogans of equality and freedom, has fallen into normalising corruption and immorality. Brothels and free relationships wound the body of human ethics deeply, consigning gender justice to oblivion. Despite superficial advancements, this civilisation has failed to create a just and humane world.
Verses 20 and 21 of Surah An-Nis, like a beacon in the darkness of Jahiliyyah culture, present rulings for organising family relations and preserving women's rights. Spouse substitution, prohibition of reclaiming dowry, and emphasis on intimacy and the firm covenant signify the Holy Quran's effort to restore womens dignity and prevent their oppression. However, Jahiliyyah context and social limitations restricted Islamic reforms. In the modern world, violence and immorality are global challenges requiring just legislation and scholarly ijtihd. These verses, through a multidisciplinary lens, invite reflection on divine justice and mercy to build a more humane and equitable world.
Supervised by Sadegh Khademi
