Surah An-Nisa, akin to a treasury of legal and social rulings and regulations, reflects the social and ethical order of the period during which the Holy Quran was revealed. Verses 33 and 34 of this Surah, centred on two fundamental subjects of inheritance and the qiwamah (guardianship/authority) of men over women, open a window towards a deeper understanding of human relations within their historical context and contemporary transformations. This treatise, by a profound examination of these verses, endeavours to present their meanings and concepts in a clear and dignified language, within a scientific and coherent framework. Like a river flowing from the sources of wisdom, this interpretation aims to connect the past with the present, paving the way towards a just and dynamic comprehension of Divine rulings.
وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ ۚ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ ۚ إِنَّ اللَّهَ كَانَ عَلَىٰ كُلِّ شَيْءٍ شَهِيدًا
"And for each [of you] We have appointed heirs from what the parents and close relatives leave behind; and those with whom your oaths have been boundgive them their due share. Indeed, Allah is ever a Witness over all things."
Verse 33 of Surah An-Nisa, like a key to unlocking the doors of justice in wealth distribution, delineates a legal system in which the estate of the deceasedwhether house, money, or belongingsis divided among heirs and those bonded by contractual oaths to the deceased. This verse, emphasising the term mawli (meaning relatives and close ones), encompasses a network of blood and social relations. Parents, as the primary class, and relatives as subsequent classes, hold special positions within this legal framework.
The concept of aqadat aymukum in this verse refers to legal or customary contracts, such as wills bequeathing a third of the property or charitable commitments. These contracts, which may include gifting part of the estate to spouses, siblings, or charitable causes, are binding and must be executed meticulously. This obligation persists even if the estate is insufficient for the children, as fulfilling covenants stands as a pillar that strengthens the edifice of social ethics.
God, through the phrase Indeed, Allah is ever a Witness over all things, declares His metaphysical supervision over the implementation of these rulings. This oversight is like a light shining upon the darkness of violation and injustice, calling humanity towards trustworthiness and fairness.
From a legal perspective, this verse provides a just system for wealth distribution wherein the rights of heirsfrom parents to distant relativesare hierarchically defined. The limitation of bequests to one-third of the estate establishes a delicate balance between the deceaseds wishes and the heirs rights. Socially, this system strengthens family bonds and ethical obligations, guiding society towards cohesion and justice.
The inheritance rulings in this verse, due to their emphasis on justice and covenant fidelity, possess a universal character. These rulings, like a clear flowing river, run through every era and location and can serve as a model for modern legal systems. Nonetheless, the detailed application of these laws is entrusted to reason and social conditions to harmonise with the transformations of time.
Verse 33 of Surah An-Nisa, by outlining a legal system for inheritance distribution, places justice and trusteeship at the core. By emphasising covenant fidelity and Divine oversight, it portrays a society in which wealth and obligations, like intertwined threads, strengthen human bonds. This system, with its universal nature, can inspire contemporary legal frameworks.
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ ۚ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللَّهُ ۚ وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ ۖ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا ۗ إِنَّ اللَّهَ كَانَ عَلِيًّا كَبِيرًا
"Men are the qawwmn (protectors and maintainers) over women by what Allah has given one over the other and because they spend of their wealth. So the righteous women are devoutly obedient, and guard in [the husband's] absence what Allah would have them guard. And those women on whose part you fear nushz (ill-conduct) - admonish them, refuse to share their beds, and strike them. But if they obey you, seek no means against them. Indeed, Allah is ever Exalted and Grand."
Verse 34 of Surah An-Nisa addresses one of the most contentious legal and social topics in the Quranthe qiwamah of men over women. The term qawwmn, derived from the root qiym meaning guardianship or authority, is attributed to men in this verse with two justifications: Divine favour (superiority of some over others) and expenditure of wealth. The verse further characterises righteous women as qntt (obedient) and fit lil-ghayb (guardians of secrets), and finally outlines measures to address nushz (potential disobedience or rebellious behaviour of wives).
At the time of revelation, the prevailing society was primitive and patriarchal, where women lacked equal legal and social status. This context, rooted in Jahiliyyah (pre-Islamic ignorance), regarded women as degraded beings devoid of human dignity. The Divine favour mentioned as the reason for qiwamah was then interpreted as mens physical and social strength. This power was like a sword positioning men as heads of society, while women were marginalised under this authority.
With social transformations and gender advancements, the qiwamah described in verse 34 has lost its functional relevance. Today, women shine like stars in society through higher education, professional skills, and leadership roles. These changes manifest the complementarity of women and men rather than unilateral superiority. Like the two wings of a bird flying in harmony, women and men possess equal social capabilities and roles, complementing each other.
Philosophically, the intrinsic superiority of one gender over another contradicts Divine justice and wisdom. In the modern world, where women have proven their competencies in scientific, managerial, and even military arenas, the qiwamah of men has crumbled like an ancient edifice. This verse, in its historical context, guided the gradual reform of a Jahili society, but today, it cannot be applied literally.
The phrase wa bim anfaq min amwlihm refers to mens financial responsibility in supporting the family. At the time of revelation, this expenditure was sometimes accompanied by arrogance and used to consolidate mens authority. However, in the modern world, where women also contribute financially to the household, such expenditure no longer justifies superiority. Like two partners building a common edifice, men and women stand shoulder to shoulder in financial and familial responsibilities.
Righteous women, described by the attributes qntt and fit lil-ghayb, exemplify ethical discipline and trustworthiness within the family. Qunt (devout obedience) denotes humility and compliance, and guarding the unseen means safeguarding the familys secrets and rights. These values are precious gems worthy of respect not only for women but for all family members. Such qualities strengthen trust and familial cohesion but must not be interpreted as degrading women or unilaterally enforcing obedience.
Verse 34 proposes three stages for dealing with womens nushz: admonition, refraining from sharing the bed, and physical discipline. These stages were designed within the historical context to manage familial conflicts in a primitive society. However, in the contemporary world, physical discipline is a dark shadow incompatible with human and ethical values. Ad
