of , (Session 1016)
The Holy Qur'an, akin to a radiant torch amidst the darkness of ignorance, has paved a path towards justice and human dignity. This divine scripture, through the revelation of verses addressing women's issues, has not only sought to reconstruct the human status of women within society, but also endeavoured, with rational counsel and practical solutions, to alleviate social and legal harms inflicted upon them. Verse 128 of Surah An-Nisa, like a precious gem in this collection, deals with matters of marital discord and proposes a path of reconciliation amid unequal conditions. This treatise, by reflecting upon this verse and analysing its content, delves into its profound meanings and social messages, elucidating these concepts in a dignified manner for the readers.
In the era of Jahiliyyah, women lived under a heavy shadow of injustice and humiliation. They were often regarded as mere tools and worthless labourers, and except for a few blessed with physical beauty, they were deprived of human rights. Beauty acted as a temporary key that opened doors of attention to some, yet such attention was fleeting and fragile. With the death of husbands in wars, widowed women and their orphaned children faced social vulnerabilities. These circumstances, like a heavy burden upon womens shoulders, marginalized them and deprived them of human dignity.
The Holy Qur'an, by the revelation of verses such as 4:128, aimed to rectify this situation. This verse not only highlights womens vulnerability to discordant behaviour by their husbands but also, by proposing reconciliation, takes a practical step towards reducing injustice against women.
Wars, as destructive storms, not only took men's lives but left women widowed and their children orphaned. These women, helpless and unsupported in a society that disregarded their worth, endured harsh living conditions. Men sometimes accepted only beautiful women and abandoned orphaned children or unattractive women. This injustice, like a deep wound in the fabric of society, demanded divine remedy.
The Holy Qur'an, emphasising support for orphaned women in verse 4:127, responded to this need:
And they ask you about women. Say: Allah gives you verdicts about them (4:127).
Although this verse does not present a new juridical ruling, it underscores the importance of addressing women's matters.
"And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them and settlement is best. And present your souls [i.e. do not be] inclined to greed. But if you do good and fear Allah then indeed Allah is ever, of what you do, acquainted."
This verse reflects the condition of a woman who fears discord (nushuz) or evasion (ir) from her husband. The word bal, meaning a high mountain or an honoured person, here refers to the husband, indicating his powerful status vis--vis the wife. The verse, by proposing reconciliation, offers a practical means to reduce tensions.
Nushuz signifies discord, harshness, or abuse, whereas ir denotes evasion, estrangement, or abandonment of the spouse without necessarily involving physical violence. These two concepts, like two sides of the same coin, represent the negative behaviours of husbands within marital relations that render women vulnerable. The Holy Qur'an, emphasising reconciliation, intends to mitigate these harms.
Key Point: Quran 4:128, by recommending reconciliation instead of confrontation, provides a rational and expedient solution to reduce social and familial harms without prescribing new juridical rulings.
The verse, with the phrase there is no sin upon them if they make terms of settlement between them, suggests reconciliation as a customary solution in which both parties forgo some of their rights. This approach acts as a bridge between two hostile shores, preventing escalation of disputes. However, reconciliation in this sense may sometimes result in a lose-lose outcome; the woman fearing her husband's nushuz or ir relinquishes part of her rights, and the husband partially fulfils his obligations.
Though this approach might appear insufficient from the standpoint of complete justice, it was a practical step in the social context of that time. In a society where women held a weak legal status, direct confrontation with powerful husbands sometimes led to abuse, slander, or even complete ostracism. Reconciliation thus functioned as a shield protecting women from further harm.
Contrary to expectations from a verse beginning with a promise of a ruling (And they ask you about women), verse 4:128 does not present a new legal ruling. From one perspective, this indicates the Qur'an's realism in confronting social limitations. Instead of imposing commands that were difficult to enforce in the milieu of ignorance, advice towards reconciliation is provided. This counsel, although not fully realising justice, acts as a temporary remedy preventing the intensification of injustice.
A central issue in verse 4:128 is the inability of women to claim their rights against their husbands. A woman who fears nushuz or ir from her husband finds herself in a position where asserting her rights may lead to abuse or slander. This condition acts as chains binding women, rendering them defenseless against social inequalities.
Even in contemporary times, despite legal advancements, women face obstacles in claiming their rights, such as dowry. Exorbitant dowries, sometimes reaching thousands of coins, are often unrealistic and remain unpaid due to the husband's financial incapacity. This phenomenon weakens women's rights and occasionally undermines the legal validity of the marriage contract.
Key Point: Unrealistic dowries that cannot be paid neither secure womens rights nor align with the spirit of Quranic justice, but rather undermine financial obligations within marriage.
History, like a book replete with bitter narratives, bears witness to countless injustices against women. In pre-Islamic societies, women were often treated as tools or sexual labourers and could be marginalised for the slightest pretext, such as accusations. The Holy Qur'an, through verses like 4:128, sought to alleviate these injustices by recommending reconciliation. This verse, emphasising and reconciliation is best, places reconciliation as a balm on social wounds.
A narration recounts a devout and learned woman who was assaulted in the street but remained silent due to fear of slander. This woman, like a bird trapped in a cage, refrained from defending herself for fear of social judgment. This example reflects the continued vulnerabilities of women even within religious communities.
In another case, a woman remained silent in the face of her husband's oppression, spending two years entangled in court proceedings and later regretting her silence. This narrative serves as a warning that silence against oppression may result in prolonged difficulties.
To reduce womens vulnerability, it is advised that they acquire martial skills to defend themselves against assaults. This proposal acts as a robust shield, protecting women from social insecurities. The increasing trend of women pursuing martial training, especially after violent incidents, signals growing awareness of the necessity of self-reliance.
Key Point: Empowering women through martial training constitutes a practical step towards achieving Quranic justice, consonant with the verse And prepare against them whatever you are able of power (Al-Anfal: 60).
Not only women, but clerics are also encouraged to become capable of defending themselves against assaults. This counsel, a call for self-sufficiency, aligns with the Quranic principle of preparedness against threats. A narration of self-defence against an assailant group highlights the importance of authority in preserving human dignity.
Living honestly, like a pure stream, is free from deceit and oppression. The Holy Qur'an, emphasising benevolence and piety in verse 4:128, invites humanity to moral conduct and avoidance of selfish greed: But if you do good and fear Allah then indeed Allah is ever, of what you do, acquainted. This principle aligns with the verse Do not consume one anothers wealth unjustly (Al-Baqarah: 188), which forbids deceit and oppression.
Excessive consumerism acts like a whirlpool, distancing humanity from spiritual values. A narration about a woman who regards expensive clothes as disposable illustrates moral decline against frugality. The Qur'an praises moderation in spending in the verse And those who, when they spend, are neither extravagant nor stingy (Al-Furqan: 67).
Certain social customs, such as public nudity, contradict social and religious norms. The Qur'an, in the verse O children of Adam, take your adornment at every mosque (Al-Araf: 31), emphasises modesty and chastity. This principle serves as a sanctuary preserving human dignity.
The phrase And present your
