of Nokounam (may his sanctity be preserved) (Session 952)
The Holy Qur'an, like a radiant lamp, guides humanity on the path of felicity and justice. Verses 22 to 24 of Surah An-Nis, which are the subject of contemplation in this treatise, articulate the rulings concerning marriage prohibitions and the conditions of marriage within the social and historical context of the time of revelation. These verses, while reflecting the customs of the pre-Islamic society, endeavour to reform and soften those customs towards justice and human dignity. The present work, through a profound and comprehensive perspective, examines these verses in the light of jurisprudential, social, historical, and ethical analyses, elucidating the concepts in an eloquent and solemn language for audiences interested in Qur'anic knowledge. The aim is not only the precise understanding of these verses but also a deeper comprehension of the wisdoms embedded within them and their connection to contemporary issues.
Verses 22 to 24 of Surah An-Nis provide a comprehensive list of marriage prohibitions which, like steadfast pillars, preserve the foundation of the family against the storms of corruption and disorder. These verses, by forbidding marriage to certain relatives and married women, gift a moral and legal order to a society then ensnared in undesirable customs. The marriage prohibitions, ranging from mothers and daughters to sisters and paternal aunts, act as a fence of piety protecting familial relations from the harms of illicit relations.
"And do not marry women whom your fathers married, except what has already passed; indeed, it was an immorality and hateful and an evil way." (Qur'an 4:22)
This verse explicitly forbids marriage to the wives of ones fathers, except in cases that occurred prior to this ruling. This prohibition is rooted in the undesirable customs of the pre-Islamic period, which sometimes led to the corruption of family relationships. The Holy Qur'an, like a gardener pruning away excess branches, eliminates moral corruptions from the body of society and opens a new path towards human dignity.
"Prohibited to you [for marriage] are your mothers, and your daughters, and your sisters, and your paternal aunts, and your maternal aunts, and the daughters of your brother and the daughters of your sister, and your milk-mothers who nursed you, and your sisters through nursing, and the mothers of your wives, and your stepdaughters under your guardianship [born] of your wives to whom you have gone in but if you have not gone in to them, there is no sin upon you and [also] the wives of your sons who are from your [own] loins, and that you join two sisters in marriage except what has already occurred; indeed, Allah is Forgiving and Merciful." (Qur'an 4:23)
Verse 23, like an accurate map, delineates the boundaries of prohibition. This list encompasses not only consanguineous relatives but also relationships by suckling and affinity. This breadth reflects the Qur'ans concern for preserving the purity and integrity of family relationships. The exception "except what has already occurred" acts as a window to divine mercy, placing prior sins under God's forgiveness.
"And [prohibited to you are] women married to others, except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, provided that you seek them [in marriage] with your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise." (Qur'an 4:24)
Verse 24, by prohibiting marriage to married women (the chaste), introduces an important exception: those whom your right hands possess (slaves). This exception is rooted in the social and economic context of the pre-Islamic society, in which warfare was the principal source of wealth and slaves were often captives or purchased. Due to their lack of familial support, slaves were excluded from the prohibition applying to chaste women. The Holy Qur'an, by endorsing this custom, not as unconditional approval but as a means to preserve the strength and cohesion of the Islamic community against its enemies, accepted this exception.
Verse 24 also alludes to temporary marriage (mutah) and enjoins the payment of dower (mahr) as a divine obligation. This ruling acts as a key to unlock the pressures imposed on women socially, guaranteeing their financial rights. The phrase "So for whatever you enjoy [of marriage] from them, give them their due compensation" indicates that even in temporary marriage, the man is obliged to fulfil his financial commitments. This requirement is a step towards refining the status of women in a society that had reduced them to objects of gratification.
In pre-Islamic society, women were like birds in a cage, deprived of social and human rights. The verses under discussion primarily portray women as objects of gratification; this portrayal does not arise from the intrinsic nature of Qur'anic rulings but rather reflects the bitter realities of that era. Women, whether free or slaves, lacked social roles such as household management or other professions and were employed merely to fulfil mens sexual needs. This situation cast a heavy shadow over the body of the pre-Islamic society, and the Holy Qur'an sought, through its rulings, to gradually lift this shadow.
The phrase l tuailhunna (do not put hardship upon them) in other verses, like a cool breeze, vociferates the prohibition of placing women in constriction and pressure. This ruling is an effort to improve the position of women in a society that considered them contemptible and humiliated. Nevertheless, the emphasis on gratification reflects the limitations of the pre-Islamic context that constrained deeper reforms. The Qur'an, by mandating the payment of dower and forbidding oppression, took a step towards justice, but the entrenched patriarchy impeded fundamental transformations.
One of the thought-provoking points in these verses is the disparity in punishment between women and men. Women guilty of fornication, whether free or slave, are subject to punishment, whereas no punishment is prescribed for men. This inequality stems from the patriarchy of pre-Islamic society which made legislating for men difficult. The Holy Qur'an, by accepting this custom, attempted to facilitate gradual reforms.
The traditional categorisation of men as seekers and women as sought, like an ancient wall, collapses before the truth of human equality. Both genders are equal in seeking and being sought, and apparent differences are the result of social inequality and power. Women, due to social weakness, sometimes concealed their desires, but this concealment was not intrinsic to them, rather it stemmed from societal pressures in pre-Islamic times.
In the contemporary world, despite advances such as womens education and financial independence, the shadow of inequality and corruption still pervades societies. Rape and violence against women, like an old wound, remind us of the persistence of patriarchy. Some countries have established institutions for gender equality and taken steps towards justice, but in societies such as certain Islamic countries, women remain vulnerable. These challenges underscore the necessity of revisiting the rulings on dower and inheritance within a modern context.
The Holy Qur'an, in the pre-Islamic context, accepted customs such as polygamy and marriage to slaves as a means to support orphans and alleviate sexual pressures. These rulings were not unconditional endorsements but bridges facilitating transition from savagery to justice. The obligation of dower and prohibition of oppression were steps on this path, but social limitations hindered deeper reforms.
In todays world, where women have access to education and employment equal to men, rulings on dower and inheritance, like an old garment, require reevaluation. Such reevaluation does not imply denial of the Holy Qur'an but rather polishing a precious jewel to preserve its validity in the modern world. Extremist groups, by distorting rulings, incite violence, but collective reason demands equality and justice. This imperative requires scientific and empirical research to harmonise rulings with current contexts.
Verses 22 to 24 of Surah An-Nis mirror the realities of pre-Islamic society and, at the same time, through rulings such as the obligation of dower and prohibition of oppression, endeavour to soften those realities. The intense patriarchy reduced women to objects of gratification, yet the Holy Qur'an, through gradual wisdom, paved the way for reform. In the modern world, where women possess education and independence, reevaluation of rulings on dower and inheritance is necessary to achieve gender justice. This reevaluation not only does not diminish the credibility of the Holy Qur'an but renders it a more brilliant jewel. It is hoped that through scientific research and adherence to collective reason, a more just society will emerge, where human dignity is respected irrespective of gender.
Supervised by Sadegh Khademi
