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They ask you for rulings concerning women. Say, God [Himself] gives you His rulings concerning them, as well as what is conveyed to you through this Book about orphan women whom you deny what has been assigned to them, and you are disinclined to marry them; and concerning helpless children, and about your duty to treat orphans with fairness. Whatever good you may do, God knows it fully. (127)
If a woman has reason to fear ill- treatment or desertion by her husband, it shall not be wrong for the two of them if they should try to set things peacefully to rights between them; for peace is best.
Avarice is ever-present in human souls. If you act with kindness and are God-fearing, surely God is aware of all that you do.
(128)
In no way can you maintain equity between your wives, even though you may be keen to do so. Do not, then, be totally partial towards one to the exclusion of the other, leaving her, as it were, in a state of suspense. If you put things to rights and are God-fearing, God is indeed Much- Forgiving, Merciful. (129)
But if the two separate, God shall provide for each of them out of His abundance:
God is indeed Munificent, Wise. (130)
To God belongs all that is in the heavens and all that is on earth. We have indeed enjoined those who were granted revelations before your time, as well as yourselves, to always be God- fearing. If you disbelieve, know that to God belongs all that is in the heavens and all that is on earth. God is Self-Sufficient, Praiseworthy. (131)
And to God belongs all that is in the heavens and all that is on earth. God is your All-Sufficient Guardian. (132)
If He so wills, He can take you, mankind, and replace you by others. This He surely has the power to do. (133)
If anyone desires the rewards of this world, let him remember that with God are the rewards of this world and those of the life to come. God is indeed All- Hearing, All- Seeing. (134)
Overview
This passage complements what the early parts of this sūrah have set out to do. It aims to eradicate all traces of past ignorant days, still manifesting themselves in ideas and practices, especially concerning women, their place in society and the treatment of other vulnerable groups such as orphans and children. The whole Muslim community needed to be purged of such traces in order to allow the family to be established on the basis that man and woman are two parts of a single soul and they both must be given their due and honourable positions. Their interests are to be looked after and family ties need to be strengthened. Any dispute that breaks out within the family should be settled early, before it develops and leads to a severing of ties and the destruction of homes. It is to be remembered that in such cases, the first to suffer are young children who are still in their formative years. The Muslim community, on the other hand must be established along the lines of looking after its vulnerable groups, so that they are not oppressed by those who wield power.
The present passage deals with certain aspects of family relationships, providing a linkage between them and the system that governs the universe. This imparts to us a feeling that the question of the status of women, the role of the family and care for the helpless and vulnerable in society are very serious matters. This is indeed the case. We have already spoken at length, when commenting on the early parts of this sūrah, on the way Islam views the family and its efforts to eradicate ignorance from the Muslim community in order to elevate its psychological, social, and moral standards. We should remind ourselves that only through such elevation did the Muslim community gain superiority over all other societies which do not believe in Islam and which do not conduct themselves according to its unique system.
They ask you for rulings concerning women. Say, God [Himself] gives you His rulings concerning them, as well as what is conveyed to you through this Book about orphan women whom you deny what has been assigned to them, and you are disinclined to marry them; and concerning helpless children, and about your duty to treat orphans with fairness. Whatever good you may do, God knows it fully. (Verse 127)
The verses with which the sūrah opens and which outline a number of regulations about women raised many questions in the Muslims’ minds about different aspects of the position of women. Those in the newly-established Muslim community formulated questions which required rulings on different matters. This indicated a genuine desire on their part to know every ruling of their faith in all matters of life.
The move they have made from ignorance to Islam had a far-reaching effect on their hearts. They felt that they needed to question everything they did in their pre-Islamic days, fearing that it might have been outlawed or modified by Islam. They wanted to be sure of the Islamic view on all matters. It is true that certain traces of ignorance lingered with them, but what was much more significant was their genuine desire to make sure that their lifestyle was in conformity with Islam. Hence their questionings and their requests for explanations and rulings.
This was not merely an intellectual exercise, aiming only to learn a little more about this religion. They wanted to know in order to practise what they learned. The first generation of Muslims realised that they were born anew when they adopted this faith. Moreover, they considered the great change which took place in their lives as priceless. Hence, they feared to continue with any practices and habits that might be in conflict with Islam. Their anxiety and their resolve to follow whatever rulings Islam gave earned them a great favour indeed. God Himself took care of them and took it upon Himself to answer their queries.
“They ask you for rulings concerning women. Say, God [Himself’ gives you His rulings concerning them.” (Verse 127) They put their questions to God’s Messenger (peace be upon him) but God, limitless is He in His glory, extends to them His favours and tells the Prophet to say to them: God will answer your questions about women and concerning the other matters mentioned in this verse. This is a gesture of great care and honour bestowed on the Muslim community, as God addresses them Himself, giving them the answers to their questions and explaining what they need in their new style of life. The ruling given here portrays a situation that existed in pre-Islamic Arabian society and which lingered on. It gives the required directive to elevate the Muslim community and to purge it of all traces of ignorance: “Say, God [Himself] gives you His ruling concerning them, as well as what is conveyed to you through this Book about orphan women whom you deny what has been assigned to them, and you are disinclined to marry them; and concerning helpless children, and about your duty to treat orphans with fairness.” (Verse 127)
`Abdullāh ibn `Abbās is reported to have made the following comment on this verse: “In ignorant days, a man may have an orphan girl in his charge and he throws his dress over her. When he does that, no one is allowed to marry her. If she is pretty and he likes her, he marries her and takes all her wealth. If she is ugly, he prevents her from marrying until she dies, when he inherits her wealth. God has forbidden all that.” Ibn `Abbās also explains that the phrase “and concerning helpless children,” refers to the fact that in pre-Islamic days, the Arabs used not to give any share of inheritance to their children or to their women. This is what is meant by the statement: “Whom you deny what has been assigned to them.” Again, God has forbidden this. He has assigned to each his or her share, saying that a male inherits a share which is equivalent to the shares of two females. This applies to both young and grown up alike.
Sa`īd ibn Jubayr explains that the statement “and about your duty to treat orphans with fairness” refers to cases when an orphan girl is pretty. Her guardian may say: I am marrying her and taking her for myself. If she is not pretty and has no wealth, he allows her to marry someone else after depriving her of whatever little she may have.
`Ā’ishah, the Prophet’s wife, explains that this verse refers to a situation when a man is in charge of an orphan girl and he is also her heir. She may enter into some partnership with him. He may not want to marry her himself, as she may not be pretty. At the same time, he does not want her to marry anyone else, lest her husband become his partner. Her guardian, then, prevents her from marrying anyone. This verse was revealed to prohibit this practice. (Related by al-Bukhārī and Muslim.)
`Ā’ishah is also reported to have said: “People began to ask God’s Messenger (peace be upon him) for rulings concerning women after the early verses of this sūrah were revealed. God then sent down this verse, telling the Prophet: “They ask you for rulings concerning women. Say, God Himself you His rulings concerning them, as well as what is conveyed to you through this Book...” (Verse 127) As for what God refers to as being conveyed through this book, it is simply the verse which occurs at the beginning of the sūrah and states: “If you fear that you may not deal fairly by the orphans, you may marry of other women as may be agreeable to you, two or three or four.” (Verse 3)
Another statement attributed to `Ā’ishah suggests that God’s statement about the disinclination to marry such orphans refers to the lack of desire on the part of a guardian to marry an orphan girl in his charge when she is plain and has little money of her own. This is, then, an order prohibiting Muslims to marry those orphans whom they desire only for their wealth or beauty, unless such a marriage is conducted with fairness and justice.
It is clear from these statements, as well as the Qur’ānic text itself, that orphan girls had a very raw deal in pre-Islamic Arabia. Such a girl suffered from the greed and injustice of her guardian. His greed prompted him to devour her wealth. If he decided to marry her, he would not give her a fair dowry. On the other hand, if her guardian did not marry her on account of her being plain, she still suffered injustice, because he would not allow her to marry someone else, so that her husband could not share with him her wealth.
The same sort of treatment was extended to children. Women and children were deprived of their shares of inheritance because they were powerless or they were classified as non-fighters. The tribal attitude at the time gave every right to those who were able to fight, and left nothing for the powerless who could not take part in the battle.
It is these ignoble traditions which Islam set out to change, replacing them with noble and humane traditions. This was not merely a great reform of Arabian society.
It was indeed a new birth which gave the Arabs a new character, different from their pre-Islamic one.
What is important to note is that this new birth was not preceded by any steps or developments preparing the way for it. Nor did it begin with a sudden economic or material change in the life of that Arabian society. The move from assigning rights of inheritance and possession on the basis of ability to fight to giving them on a purely humane basis was not the result of any newly-discovered ability on their part. Nor were children, orphan girls, and women given their rights of inheritance and ownership as the fruit of any new period of stability which reduced the importance of fighters. Indeed, fighters enjoyed even greater importance in the new regime.
What had changed was that Islam came into being, and with it, there was a new birth of humanity, accomplished through a book and a new code of living. Thus, a new society was born in the same land and under the same conditions, without any revolutionary raising slogans of increasing national production or material wealth.
There was only a revolution in concepts which led to this rebirth of humanity.
It is true that the new Qur’ānic system had to fight hard to erase the elements of ignorance within people and their social habits and traditions, and to replace these with new Islamic elements. It was also true that ignorance continued to resist such a change, leaving lingering traces in society and making their repeated reappearance in individual cases, or expressing itself in a variety of ways. What is important to state here is that the new system, revealed from on high, and the concept it formulated in the minds of its followers, resisted the pressures of the material world and brought about a total change in society. This change had far-reaching effects: it overhauled concepts, traditions and the whole social set-up. Neither the material conditions nor their inner “counter” elements, nor any change in the means of production nor any other Marxist hallucinations had any say in such a change. There was only one new element in the life of that nation. It was something sent down from on high. Hearts responded to it because it addressed their nature. The secret of this rebirth in man led to a total change in the whole life of society. It was the natural, positive interaction between human nature and the new system formulated by God.
Hard as the struggle might have been between the new and the old systems, and painful as the labour and the sacrifices might have been, the remarkable outcome was accomplished because the Divine message and the new faith were the prime movers. Moreover, the benefits of this achievement were not confined to Muslim society; they were extended to all humanity.
Therefore, it is only natural that this Qur’ānic statement, which gives the rulings of God regarding questions put to the Prophet concerning women, the rights of orphan girls, and helpless children, should conclude with further emphasis on the relationship between these rights and directives on the one hand, and the source of this whole system on the other: “Whatever good you may do, God knows it fully.” (Verse 127) Nothing good you do goes in vain. A believer addresses every action he takes to God. It is God’s power that gives these directives their ability to influence people’s thoughts and lifestyles.
It is not so important how directives and systems derive their influence and effectiveness in shaping human life. The gulf between directives and systems received from God, the Almighty, and ones formulated by fellow human beings is great indeed, even if we assume that both sets are equally good and equally valid.
Needless to say, such an assumption is totally unrealistic. It is sufficient for any person to be aware of the source of a certain directive to assign to it its due significance. The importance of a Word said by God, the Most High, is different from that of a word said by a human being.
The sūrah then moves a step further with family legislation as part of the general organisation of the society Islam wants to establish. It is a society based on the code God has bestowed from on high, not on changing worldly factors, which are often materialistic in nature and which often are to do with the production of goods and material riches.
If a woman has reason to fear ill-treatment or desertion by her husband, it shall not be wrong for the two of them if they should try to set things peacefully to rights between them; for peace is best. Avarice is ever-present in human souls. If you act with kindness and are God-fearing, surely God is aware of all that you do. In no way can you maintain equity between your wives, even though you may be keen to do so. Do not, then, be totally partial towards one to the exclusion of the other, leaving her, as it were, in a state of suspense. If you put things to rights and are God-fearing, God is indeed Much-Forgiving, Merciful. (Verses 128-129)
Earlier in this sūrah, Islamic legislation dealt with the state of rebellion or abuse when caused by a wife. It outlined the procedures that should be taken in order to preserve the structure of the family. At this juncture, we now have regulations dealing with abuse or desertion by the husband, which threatens the security and dignity of the woman as well as the security of the whole family. Feelings and inclinations might change. Islam is a system for life which deals with every detail and caters for every eventuality within the framework of its principles, values and the structure of the society it establishes.
If a woman fears being abandoned, which may be a step leading to divorce, the one legitimate thing God dislikes most, or if she fears being left in such a way that gives her neither the status of a wife nor the freedom of a divorcee, then a remedy could take the form of her foregoing some of her rights, financial or otherwise. She may, for example, choose to forego part or all of her maintenance which her husband owes to her as a duty. If he has another wife whom she feels he prefers, while she herself may no longer have her feminine appeal, she may forego her right to have her husband stay with her on alternate nights. If she foregoes any such right, that decision must be made by her on the basis of absolutely free choice. Thus, she makes such a decision only if she feels that it is a better option for her: “If a woman has reason to fear ill-treatment or desertion by her husband, it shall not be wrong for the two of them if they should try to set things peacefully to rights between them.” (Verse 128) By way of comment, a general statement follows to the effect that peace is better than quarrels, disputes or divorce: “For peace is best.” This should help substitute kindness for hard feelings, and strengthen the desire to maintain family relationships.
In dealing with the human soul, Islam takes man as a whole, and utilises all the means it has at its disposal to elevate it to the most sublime level it is equipped to achieve by its very nature. At the same time, it neither ignores this nature nor tries to force on it anything of which it is not capable. It does not set a target for people and tell them: this is what you have to achieve, whether it is in your power or not. On the other hand, it does not condone weakness or praise human nature when it sinks to a lower depth, under the pretext that it is part of reality. Nor does it tie it to the sublime by its neck and leave it swinging in the air, tinder the pretext of elevating human nature. Islam is a middle road responding to human nature. It can be described as ideal practicality or practical idealism. It recognises that man is a singular creature who can put his feet firmly on the ground and, at the same time, allow his spirit to look up to heaven.
In giving this ruling, Islam is dealing with man with all his characteristics, but where one in particular is singled out: “Avarice is ever present in human souls.” It is there all the time with all its aspects, material and spiritual. There may exist within the family certain causes which enhance the husband’s avarice with regard to his wife. If she foregoes part of her deferred dowry or other financial rights, she may satisfy his greed and preserve her marriage. Similarly, if she foregoes her right to have him stay with her on alternate nights, if he has another wife, she may satisfy his emotional avarice and save her marriage. But all this can only come about by her free choice, according to what she deems to serve her interests best. There is no imposition here on her, rather a dispensation which gives her the freedom to decide in a matter which concerns her.
Islam does not stop here with this particular form of avarice, considering that it represents all aspects of the human soul and its nature. Instead, it proceeds to touch on other feelings and motives: “If you act with kindness and are God-fearing, surely God is aware of all that you do.” (Verse 128) Kindness and consciousness of God are, after all, the most important motives. A person who acts on their basis will lose nothing.
God is aware of all our motives and actions. To arouse feelings of kindness and consciousness of God and to address man in the name of God, who is aware of everything we do, is a very effective way of influencing behaviour. Indeed, it is the sort of appeal which ensures the best results.
Another example of the ideal practicality or the practical idealism of Islam is provided in the next verse: “In no way can you maintain equity between your wives, even though you may be keen to do so. Do not, then, be totally partial towards one to the exclusion of the other, leaving her, as it were, in a state of suspense. If you put things to rights and are God-fearing, God is indeed Much-Forgiving, Merciful.” (Verse 129)
God, who has created man, knows that he has feelings which he cannot control.
Therefore, He has given man a way to direct these feelings, not to suppress or smother them. One such inclination is to be partial to one wife over and above other wives. Such partiality is beyond a man’s control. He cannot easily suppress it. Islam does not hold man to account for something which is beyond his control. It does not make such partiality a sin incurring punishment. Otherwise, man would be torn apart choosing between alternatives with which he cannot cope. Islam takes a realistic view and tells people frankly that they cannot maintain equity between their wives, keen as they may be to do so, because the matter is beyond their control.
There are, however, certain matters that are within their ability such as fairness in treatment, distribution of time, financial support and other marital obligations. Such fairness goes so far as to include the occasional smile and word of kindness. This they are required to do in order to regulate their partiality not to smother it.
“Do not, then, be totally partial towards one to the exclusion of the other, leaving her, as it were, in a state of suspense.” (Verse 129) This partiality in outward treatment is what is forbidden because it deprives one wife of her rights and places her in a situation where she is neither a wife nor a divorcee. The prohibition is coupled with an effective appeal to believing hearts and a reassurance of overlooking what lies beyond man’s control: “If you put things to rights and are God-fearing, God is indeed Much-Forgiving, Merciful.” (Verse 129) Because Islam deals with the human soul with its unique temperament, which is the product of mixing a handful of clay with the breathing of God’s spirit, and with its ideal practicality or practical idealism, the Prophet of Islam (peace be upon him) was the complete example of humanity when it attains its utmost perfection. That perfection is achieved when all characteristics and abilities within man are allowed to develop in a balanced and mutually complementary way within the limitations of human nature. As the Prophet of Islam extended his fair treatment to his wives and distributed his time equally between them, he did not deny that in love and affection he was more inclined towards some of them than others. He recognised that that was beyond his control. He used to say:
“My Lord, this is how I divide between them what I can control. Do not blame me for that which You control and I do not.” But what happens when the marital relationship is so strained that it cannot be maintained? It may happen that both man and wife lose everything needed for a settled, happy family life. In such a situation, separation is better. Islam does not hold marital partners with ropes, chains and fetters. It maintains family life with affection, compassion, or else with a sense of duty and forbearance. If none of these elements can reconcile estranged hearts, Islam does not condemn them to a prison of hate, nor does it try to cover up a real and total breakdown of the marital relationship with a pretence of reconciliation that is only skin deep.
“But if the two separate, God shall provide for each of them out of His abundance: God is indeed Munificent, Wise.” (Verse 130) This is a promise by God that He will give to each of the separating couple out of His own abundance what will be sufficient for them. He provides for all His servants and grants them of His grace what is suitable for every situation, according to His wisdom and knowledge.
When we study the Islamic system as it deals with feelings, motives and prejudices and as it provides solutions for practical situations, we are amazed at people turning away from such a simple, uncomplicated method devised especially for human life. It leads people from their lowly position, along the road to great heights, always giving them what is suitable for their nature and capabilities. It does not impose on them any course leading to a higher level of sublimity, unless this has roots within their own nature. What is more, Islam attains a standard which cannot be achieved through any other system, and, all the while, it maintains its ideal practicality or practical idealism.
We have to understand that these rules which are applicable to marriage and family life are only a part of an overall system which regulates human life as a whole.
This system is, in turn, part of the law God has laid down for the whole universe to follow. It, therefore, fits well with the nature of the universe as well as with the nature of man who lives in the universe. This profound fact is central to the overall system. Therefore, rules which provided for the regulation of family life are followed by statements which relate them to the universal system, as well as God’s power over, and His ownership of, everything in it. We also have a statement that God has given the same directive to all mankind in all the messages He has sent them, and a reminder of rewards in this life and in the life to come. Indeed, these are the bases upon which the whole system is founded: truth, justice, and fearing God.
But if the two separate, God shall provide for each of them out of His abundance: God is indeed Munificent, Wise. To God belongs all that is in the heavens and all that is on earth. We have indeed enjoined those who were granted revelations before your time, as well as yourselves, to always be God-fearing. If you disbelieve, know that to God belongs all that is in the heavens and all that is on earth. God is Self-Sufficient, Praiseworthy. And to God belongs all that is in the heavens and all that is on earth.
God is your All- Sufficient Guardian. If He so wills, He can take you, mankind, and replace you by others. This He surely has the power to do. If anyone desires the rewards of this world, let him remember that with God are the rewards of this world and those of the life to come. God is indeed All-Hearing, All-Seeing. (Verses -130-134)
Often rules and injunctions given in the Qur’ān are followed by a statement that to God belongs all that is in the heavens and on earth. The two are essentially interrelated: he who owns something has all power and authority over it. He alone has the right to establish the system he wants and to impose it on those who are under his dominion. Since God is the only owner, it follows that He alone has the authority to legislate to people. Of all Divine instructions, the one which is highlighted here and which has been given to all those who received messages from God is that which tells people to always fear God: “To God belongs all that is in the heavens and all that is on earth. We have indeed enjoined those who were granted revelations before your time, as well as yourselves, to always be God fearing.” (Verse 131)
The One who has real power is the one to be feared. Fearing Him ensures purity of motives and a keenness to implement His constitution and system with all its details.
The unbelievers are shown their insignificance in the universe which belongs to God. In His esteem, they count for little. He is able to replace them with others: “If you disbelieve, know that to God belongs all that is in the heavens and all that is on earth.
God is Self-Sufficient, Praiseworthy. And to God belongs all that is in the heavens and all that is on earth. God is your All-Sufficient Guardian.” (Verses 131-2) As God enjoins them to be God-fearing, He makes it clear that their refusal to turn their back on His admonition will not affect Him in the least. Their disbelief will not decrease His kingdom in any way, for: “To God belongs all that is in the heavens and all that is on earth... If He so wills, He can take you, mankind, and replace you by others. This He surely has the power to do.” (Verses 132-3) Moreover, He is able to substitute them for some other people or creature. He only enjoins them to fear Him for their own sake and for their own interest.
Islam states very clearly that man has a special position of honour with God, which elevates him over everything in the universe. Equally, Islam states that man sinks to abject depths when he disbelieves, transgresses, tyrannises and tries to usurp God’s power. These are two opposite situations.
These comments are concluded with a reminder to those who are keen on having a share of the riches of this life that God’s grace is far greater and more bounteous than that. He can give rewards in this life and in the life to come. Those who limit their hopes and ambitions to this world only, can look far beyond to a greater reward in the hereafter which may he given in addition to what God grants them in this life:
“If anyone desires the rewards of this world, let him remember that with God are the rewards of this world and those of the life to come. God is indeed All-Hearing, All-Seeing.” (Verse 134)
It is indeed stupid and highly unbecoming of man to confine himself and his ambitions to this life only when he is able to seek and look forward to God’s grace in both this life and the life to come. Enjoyment of both is guaranteed by implementing the well-integrated Islamic way of life which combines practicality with idealism. He is indeed capable of achieving the glory of human life, with his feet on the ground and his spirit in heaven. He moves about and conducts his affairs according to the rules which govern the earth while, at the same time, looking up to the sublime.
As these comments relate detailed Islamic legislations to God’s law governing the whole of life, they also point to the great importance Islam assigns to the family.
Otherwise, God would not have related family matters to these great issues and would not have emphasised the need to fear Him in all religions. God is able to replace erring people with others who follow His system and implement His law.
This is a frightful prospect for human beings. Its statement here is indicative of the seriousness God attaches to the family and its importance in the code He has laid down for human life.
Reference: In the Shade of the Qur'an - Sayyid Qutb
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