The first passage of this sūrah dealt with the organisation of Muslim society and the eradication of all traces of pagan beliefs from its system by providing guarantees to orphans and protecting their wealth within their families and within the community. It has also dealt with the system of inheritance. All these guarantees work within the Islamic system outlined by God, the Lord of all people. He has created them all of a single soul, and He has established human society with the family as its basic unit, making mutual care its guiding principle. Moreover, all their affairs must be regulated within the bounds set by God on the basis of His perfect knowledge and infinite wisdom. They receive their reward or suffer their punishment according to whether they obey or disobey Him in all this.

In this second passage, the sūrah continues with its purpose of organising Muslim society, aiming at purifying it of all gross indecency. It provides for the isolation of those who commit such indecency, men and women, while at the same time opening the door for those of them who want to repent, purify themselves and lead a clean and chaste life. It also rescues women from what they used to suffer of humiliation and injustice under ignorant systems, so that the family could establish its firm and sound basis. That was the only way to build the society on firm foundations and within a clean atmosphere. It concludes with giving a list of the women whom a man is forbidden to marry under Islamic law. This constitutes a part of the organisation of family life.

As for those of your women who are guilty of gross immoral conduct, call upon four from among you to bear witness against them. If they so testify, then confine the guilty women to their houses until death takes them or God opens another way for them. (Verse 15) And the two from among you who are guilty of the same, punish them both. If they repent and mend their ways, then leave them alone. God is the One who accepts repentance, the Merciful. (Verse 16)

Islam defines here its method, which aims at the cleansing and purification of society. In the first instance, it chooses to isolate those women who commit adultery from the rest of the community, once their guilt is proven. It also chooses to inflict physical punishment on those men who are sexually perverted, without specifying the type of punishment or its nature. At a later stage, Islam chose to mete out the same punishment to such men and women, which is flogging as explained in Sūrah 24, The Light, or Al-Nūr, and stoning to death as explained by the Sunnah. The ultimate aim of either punishment is to protect society and to guard its honour and morality.

In every situation and with every punishment, Islamic legislation provides guarantees which make it extremely difficult for injustice to take place and which make it almost impossible for punishment to be inflicted on the basis of suspicion or mistaken identity. This was especially important given that the punishment legislated could leave such a serious effect on people’s lives: “As for those of your women who are guilty of gross immoral conduct, call upon four from among you to bear witness against them. If they so testify, then confine the guilty women to their houses until death takes them or God opens another way for them.” (Verse 15)

Great care is being taken here. Firstly, the women on whom this punishment may be inflicted are defined as follows, “As for those of your women”, meaning Muslim women only. Furthermore, the men who are called in to testify to the occurrence of the offence are specified as follows, “Call upon four from among you”, meaning that they must also be Muslims. It is, then, a punishment for a certain kind of woman once the offence is proven by the testimony of certain men.

Islam does not allow non-Muslim men to testify against Muslim women, when they commit indecency. The four male witnesses must belong to the Islamic faith and the Muslim community, submit to its legislation, accept its leadership, care for its welfare and know what takes place within it. When it comes to the honour of a Muslim woman, the testimony of a non-Muslim is unacceptable, because we cannot be certain of his honesty and integrity. He has no interest in safeguarding the cleanliness and chastity of the community and he is not particularly interested in maintaining justice in that community. These safeguards have remained in effect even after the ruling in such cases was changed and the punishment for adultery was more clearly defined as flogging or stoning.

“If they so testify, then confine the guilty women to their houses.” (Verse 15) Thus they do not mix with or contaminate the Muslim society, nor are they allowed to marry or undertake any activity. This punishment continues “until death takes them” while they are confined in their houses, “or God opens another way for them”. This means that they themselves may change, or that their punishment may be changed. It also means that God may decide to do whatever He will with them. All this suggests that this is not a final ruling, but an interim verdict that takes into account certain circumstances in society. A different verdict which would be more permanent was, then, to be expected. This took place when the verdict and the punishment were changed to those outlined in Sūrah 24 and in the Sunnah. The strict guarantees which are provided here for the establishment of guilt have, however, remained the same.

These rulings show very clearly that Islam was intent, from its very early days, to eradicate immorality from Muslim society. It did not wait until it established its state in Madinah before it promulgated laws to be implemented by the ruling authority.

Instead, the prohibition of adultery was stated in Sūrah 17, The Night Journey, or Al- Isrā’, which was revealed in Makkah: “Do not come near to adultery: for it is an abomination and an evil way.’’ (17: 32) Again, in Sūrah 23, The Believers, or Al- Mu’minūn, successful believers are described as people “who are mindful of their chastity, [not seeking to satisfy their desires] except with their wives”. (23: 4-5) The same description is repeated in Sūrah 70, The Ascending Stairways, or Al-Ma`ārij.

All these sūrahs were revealed in Makkah when Islam enjoyed neither a state nor authority. Hence, no specific punishments were given for this offence, although its prohibition was established in Makkah. Only when a state that exercised power was established in Madinah, were punishments defined. Verbal directives and instructions were no longer sufficient to put an end to such crimes and protect society. Islam is a practical religion that appreciates that the power of the state is needed for the implementation of laws. According to Islam, religion is the system by which to regulate people’s practical life. It is not mere feelings and abstract values.

From the outset of the Islamic faith being accepted by some people in Makkah, it started to purify them. When Islam established its state in Madinah, which was backed by an authority able to implement a well defined legal code and able to shape the Islamic way of life in a practical form, it began to take practical steps to safeguard society against immoral conduct, adding to its directives the force of proper punishment. As we have already said, Islam is not merely general principles and abstract values. It adds to these a real authority to implement the principles in practice. Its structure cannot stand on one leg.

This applies to all Divine religions, even though some people wrongly claim that there were Divine religions that did not enjoin any law, system or governing authority. Every religion is a way of life, which is practical and down to earth. People submit themselves to God alone and receive their concept of faith, moral values, and practical legislation from Him only. Such legislation must be implemented by a government that can enforce such rules and punish those who violate them, and also protect society from any encroachment by the evils of ignorance. Thus, all submission is dedicated to God alone. This means that there are no deities, in any shape or form, who have the authority to legislate and establish values, standards, laws or regulations. The right to do all this belongs to God alone. Any creature that claims such a right is, in effect, claiming Godhead for himself. No religion revealed by God allows any man to be god or suffers him to make such a claim and put it into effect.

It should not come as a surprise to us that Islam takes a very serious view of immorality and works hard for its total eradication. The most important feature of Jāhili (ignorant) societies throughout all ages, as we see today across the globe, is permissiveness and the shedding of all moral and legal inhibitions. Thus, promiscuity becomes an aspect of personal freedom that is only opposed by intolerant prudes. People living in ignorant societies may agree to forgo, willingly or unwillingly, all their human freedom but not their “animal” freedom. They will also rise up in arms against anyone who opposes promiscuity and tries to regulate their moral standards.

In ignorant societies, all systems collaborate to destroy moral barriers, weaken natural controls within man, give an innocent appearance to permissiveness and allow excessive promiscuity to run without checks or controls. This inevitably leads to the weakening of family and social controls, to the ridicule of natural, healthy feelings which are disgusted by permissiveness, and to the glorification of both physical and emotional nudity and all its methods of expression.

Islam tries to purify human feelings and societies from all these characteristics of promiscuous ignorance. You have only to read the poetry of Imru’l-Qais, the renowned poet of pre-Islamic Arabia, to find close similarities with the poetry of ancient Greece and that of the Roman Empire. You will also find close similarities with the arts and literature of contemporary Jāhiliyyah (or state of ignorance), Arabian and non-Arabian. Moreover, if we examine social traditions, the status of women and permissiveness in all Jāhiliyyah societies, ancient and contemporary, we are bound to conclude that they all start from the same concept and adopt similar slogans.

Such permissiveness always leads to the destruction of civilisation and the collapse of the nation in which it spreads. This is exactly what happened to the ancient Greek, Roman and Persian civilisations. It is also happening today to European and American civilisations, which have started their decline despite all the appearances of great advances in the industrial field. This is something that has been worrying men of wisdom in the West, although they feel that they are too weak to be able to check this destructive trend. The total destruction of society and civilisation is the inevitable end, yet the people of Jāhiliyyah, in all ages and societies, push forward towards permissiveness at full speed. Indeed, they are willing to sacrifice all their freedoms, and live the life of slaves, provided that they have the freedom to enjoy their animal indulgences.

This is indeed neither indulgence nor freedom. It is total enslavement to carnal desires, which makes man sink far below the standards of animals. Animals follow the dictates of their nature in this connection. They have special seasons when they become sexually active. Moreover, their sexual function is strictly linked to the purpose of procreation. A female does not accept the male except in her season of fertility. The male, on the other hand, does not make any advance towards the female except when she is ready. But God has left man to his own reason and made faith the power to control that reason. If he breaks loose from faith, he will find himself weak, subjected to much pressure. He cannot check and control his desire. It is impossible, therefore, to provide any real social checks and to make society truly clean except through faith. Yet faith needs to be backed by an organised authority to punish those who violate the bounds set by God. In this way, faith saves man from the depths of animal desire and elevates him to a position of honour among the rest of His creation.

God will indeed accept the repentance of only those who do evil out of ignorance, and then repent shortly afterwards. It is they to whom God turns in His mercy. God is All-Knowing, Wise. Repentance shall not be accepted from those who indulge in their evil deeds and, when death comes to any of them, he says: “I now repent”; nor from those who die as non-believers. For those We have prepared grievous suffering.

(Verses 17-18)

While Islam prescribes punishment, it does not slam the door in the face of sinners, should they want to return to society after having realised their guilt.

Indeed, Islam encourages them and opens the way for them to repent and purify themselves. The encouragement is so emphatic that God makes acceptance of repentance, once it is genuine and sincere, a duty which He in His glory imposes on Himself by His Own free will. In this, His grace is more than anyone can expect.

We have spoken about repentance and its acceptance in the past, when we commented on the verse which describes the true believers as those who “when they commit a gross indecency or wrong themselves, remember God and pray for the forgiveness of their sins”. (3: 135) All that we have stated on that occasion is relevant here.

Repentance is mentioned here, however, for a different purpose, and by which it seeks to explain its true essence.

True repentance which God, out of His Grace, has bound Himself to accept is the one which is deeply felt by the repenter and which indicates that he or she has undergone a total transformation. It means that past mistakes are sincerely regretted, and that regret has prompted a total change of attitude when the person concerned still enjoys good health, and still aspires to a brighter future. Such repentance is normally accompanied by a genuine desire for self-purification and a resolve to follow a different way of life.

“God will indeed accept the repentance of only those who do evil out of ignorance, and then repent shortly afterwards. It is they to whom God turns in His mercy. God is All-Knowing, Wise.” (Verse 17) What is meant by “those who do evil out of ignorance” is anyone who commits sin. Scholars are almost unanimous that “ignorance”, as it is used here, means deviation from Divine guidance, whether for a long or short period, as long as it does not continue until one is in the throes of death. Repenting “shortly afterwards” refers to repentance in good time, before death overtakes one and one’s life is felt to have reached its end. Such repentance reveals genuine regret and strong resolve to mend one’s ways. It indicates that one’s conscience is back at work. Hence, it is to those people that “God turns in His mercy.” For “God is All-Knowing, Wise.” Any action of His is based on His knowledge and wisdom and gives His servants the chance to return to the ranks of those who are good. He never chases them out when they have a genuine desire to seek refuge with Him and receive His mercy. We have to remember that God — limitless is He in His glory — has no need for His servants or their repentance. When they repent, they benefit only themselves. It is their lives and the life of the community in which they live that improve and become happy. Hence, the way is open for them to return to the true path at any time.

The next theme in this passage is women. Women were treated very badly in pre- Islamic Arabia, as they were treated badly in all surrounding ignorant societies.

Nowhere in that area were human rights extended to women. Indeed, women were given a position much inferior to that of men so much so that they were more akin to inanimate objects. They were, at the same time, used for entertainment and pleasure, treated as sexual objects in order to satisfy carnal desires. Moreover, women were used as subject matter for pornographic arts and literature. Islam came to purify women of all that filth, giving them back their natural position in order to play their role in the family and in human society. The position Islam gives to women is that which accords with the general principle stated at the outset of this sūrah: “Mankind, fear your Lord, who has created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women.” (Verse 1) Islam also sought to raise the standard of feelings in marital relationships from the low animal level to their highest human level. It adds to them overtones of mutual respect, affection and care, and places them on a much more solid foundation so that they can withstand shocks and outbursts of temper.

Believers, it is unlawful for you to inherit women against their will, or to bar them from remarrying so that you may make off with part of what you have given them, except when they are guilty of a flagrant indecency. Consort with them in a goodly manner. Even if you are averse to them, it may well be that you are averse to something in which God has placed much good. (Verse 19)

This verse outlaws inheriting women altogether. Before Islam rescued the Arabs from the depths of ignorance into which they had sunk, some Arab clans used to consider that the relatives of a deceased man had an overriding claim to his widow.

They inherited her like they inherited his animals and property. Anyone of them could marry her if he so wanted. On the other hand, they could marry her to someone else and take her dowry for themselves. In other words, she was no more than an animal that could be sold at will. On the other hand, they could bar her from marrying anyone, leaving her at home until she bought her freedom from them.

Another tradition practised in Arabia, was one whereby if a woman became a widow, a relative of her deceased husband could throw his garment over her. This gesture was sufficient to assert his claim over her. It signified that she was now his, in the same way as if he had looted something. If she was pretty, he might marry her.

If she was ugly, he might confine her to his house until she died when he would inherit her, or else, she would buy her freedom by giving him money. If, on the other hand, she was quick to flee from her husband’s home, reaching her own family’s home before he could throw his garment over her, she was safe and free.

Some Arabs used to divorce women and stipulate that they could not marry anyone without the consent of their former husbands. The only way for a woman in such a position to regain her freedom was to refund her former husband part or all of the dowry she received from him when they were first married.

If you wish to take one wife in place of another and you have given the first one a large sum of money, do not take away anything of it. Would you take it away though that constitutes a gross injustice and a manifest sin? How can you take it away when each of you has been privy with the other, and they have received from you a most solemn pledge? Do not marry women whom your fathers have previously married, unless it be a thing of the past. Surely, that is an indecent, abominable and evil practice.

(Verses 20- 22)

When such human ideals are put into practice, and it is found, nevertheless, that life in the family home has become intolerable and that it may be better for both the man and his wife to separate, then a divorced woman takes all her dowry and whatever she has inherited. The husband cannot take away any part of it, plentiful as it may be. To take away any part of it is evidently sinful: “If you wish to take one wife in place of another and you have given the first one a large sum of money, do not take away anything of it. Would you take it away though that constitutes a gross injustice and a manifest sin?” (Verse 20)

This is followed by a fine touch inspired by the close intimacy which exists in family life: “How can you take it away when each of you has been privy with the other, and they have received from you a most solemn pledge?” (Verse 21) The Arabic expression used here and which we have rendered as “being privy with the other” has much wider and finer connotations. It is by no means limited to physical intimacy. It does not merely mean that a couple have given themselves to one another. It includes feelings, responses and the sharing of secrets, problems and concerns. When we reflect on this verse, numerous images of married life come to mind, depicting what happens between a man and his wife at every moment of the night and day. Past memories are recalled. They have been privy with one another in their expressions of love, in their happy moments, in what they had shared of hopes and problems, in their aspirations for a happier present and a brighter future, in their shared thoughts about their children.

Compared with all these associations and memories which are recalled by the expression “when each of you has been privy with the other,” the importance of physical love seems too small. Hence, the divorcing husband would be too shy to ask for a refund of part of the dowry he gave to his wife.

Another factor is introduced by the last part of this verse: “And they have received from you it most solemn pledge” (Verse 21) That pledge is the pledge of marriage.

Marriage which is given in the name of God and according to the method He has made lawful. It is a very solemn pledge that must be respected and cherished by every believer. Hence, the Qur’ān calls on believers to respect it.

The next verse forbids, most emphatically, a man’s marriage with a woman whom his father had married before him. Such a practice was allowed in pre-Islamic Arabia.

Moreover, it was one reason for barring women from marriage. If a man died, leaving behind a young son, the family could bar the young boy’s stepmother from marriage until he, himself, was old enough to marry her. Alternatively, if the son was old enough to marry, he could inherit his stepmother. Islam forbids all this most emphatically: “Do not marry women whom your fathers have previously married, unless it be a thing of the past. Surely, that is an indecent, abominable and evil practice.” (Verse 22)

Forbidden to you [in marriage] are your mothers, your daughters, your sisters, your aunts paternal and maternal, your brothers’ daughters and your sisters’ daughters, your mothers who have given suck to you, your suckling sisters, the mothers of your wives, your stepdaughters — who are your foster children — born to your wives with whom you have consummated your marriage; but if you have not consummated your marriage with them, you will incur no sin [by marrying their daughters], and the wives of your own begotten sons; and [you are forbidden] to have two sisters as your wives at one and the same time, unless it be a thing of the past. God is Much- Forgiving, Merciful. (Verse 23)

Now the sūrah mentions in detail the classes of women whom we may not marry.

This is one of the measures designed to organise the family and society as a whole.

All societies, primitive and sophisticated, ban marriage with certain women.

Different nations have different reasons for such prohibitions and different classes of women whom a man cannot marry. Primitive societies normally have a wide area of prohibition, while civilised societies narrow that area considerably.

In Islam, women who are unlawful for marriage are mentioned in three verses:

this one, the verse preceding it and the one following it. The prohibition in some cases is total and permanent, while in others it is temporary. There are three reasons behind prohibition of marriage with certain women, namely, lineage, suckling and relation through a previous marriage. Islam did, however, abrogate all other restrictions known in other human societies, such as those based on differences of race, colour and nationality, and those based on social class and position within the same race and the same nation.

Those whom a man is forbidden to marry because of lineage are divided into four groups:

Firstly, his parents and grandparents. A man is forbidden to marry his mother, his grandmothers, paternal or maternal, no matter how high their degree is. All these come under the statement: “Forbidden to you [in marriage] are your mothers.” Secondly, his own issue of any degree. A man is forbidden to marry his daughter or the daughters of his children, of whichever degree they may be. This is included under “your daughters.” Thirdly, the issue of his parents of any degree. A man is forbidden to marry his sister or the daughters of his own brothers and sisters, and the daughters of his nephews and nieces. All these are included under “your sisters... your brothers’ daughters and your sisters’ daughters.” Fourthly, the immediate issue of his grandparents. A man is forbidden to marry his paternal or maternal aunt, his father’s aunt or the aunt of his maternal or paternal grandfather, his mother’s aunt or the aunt of his paternal or maternal grandmother.

All these come under “your aunts, paternal and maternal.” Those who issue indirectly from grandparents, i.e. cousins, whether on the father’s side or the mother’s side, are permissible marriage partners.

And (forbidden to you are) all married women, other than those whom your right hands possess. This is God’s ordinance, binding upon you. Lawful to you are all women other than these, provided that, offering them of your own possessions, you seek to take them in wedlock not in fornication. (Verse 24)

The first sentence in this verse makes it clear that married women are, as a result of their marriage, not lawful for other women to marry. This means that polyandry is forbidden in Islam. This is in line with the basic rule in Islamic society that makes the family its constituent unit. It must be protected against any confusion in relationships that may result from “sexual communism” or promiscuity.

The family, which comes into existence through a marriage made in public to unite one woman with one man in order to ensure the preservation of chastity, is the perfect system which fits in with human nature and meets the real needs of man. It is a system that serves the objectives of human life, which transcend man’s sexual needs, and helps achieve the goals of human society. It also ensures peace of mind for the individual, the family and the community.

Everyone knows that the human child needs a much longer period of upbringing than the progeny of any animal. Moreover, the education a child needs in order to comprehend the requirements of civilised human life takes a similarly long period.

In animals, the sexual desire has no further objectives than intercourse and procreation. In man, however, it has a much finer objective which establishes a permanent link between the male and the female in order to provide an environment suitable for bringing up children who are able to protect themselves and satisfy their needs. It also serves the more important purpose of educating the child and helping him to gain experience and acquire a good standard of knowledge. Thus, the child will be able to contribute to the life of his community and discharge his responsibility in advancing human civilisation.

Sexual desire, then, is not the paramount element in the life of the two human sexes. It is a means implanted in their nature so that their companionship lasts well beyond their sexual contact. It is not their inclination to each other that determines how long they remain together. It is their sense of duty towards their helpless offspring and towards their human society. It is society that assigns to parents the responsibility of taking good care of their offspring until such children are able to play their own part in the achievement of the goals of human existence.

All these considerations make the family the only proper platform for companionship between the two sexes. It also makes the system which assigns one woman to one man the only proper system which ensures the continuity of this companionship. Duty becomes the paramount consideration in the establishment and continuation of the family as well as in solving any problem it may encounter and, in extreme cases, at the time of its dissolution. Any attempt to devalue family ties or weaken the family’s foundation on duty or to substitute it for temporary passion and burning desire is wicked and criminal, not only because it helps spread promiscuity in human society but also because it destroys human society and pulls down its foundations.

“[Forbidden to you are] all married women, other than those whom your right hands possess.” This exception is made in the case of women who fell captive to Muslims in their jihād campaigns. These might, prior to their captivity, have had husbands in their countries which remained at war with the Muslim society. Thus, the physical distance separating them severed their relationships with their unbelieving husbands. As they had no husbands in the land of Islam, they were in the same position as unmarried women. It was sufficient to ascertain that they were not pregnant by observing a waiting period consisting of one menstruation cycle.

Thereafter, it was legitimate for them to marry, if they became Muslims.

Alternatively, it was legitimate for a person to whom such a captive woman belonged to have sex with her as “one whom his right hand possessed”. This applied whether the woman became a Muslim or not.

We have already explained in detail the attitude of Islam towards slavery (Volume I, pp. 262-4). Further explanation will be given in the commentary on Sūrah 47, entitled Muĥammad. It is sufficient for our purpose here to explain that in the matter of imposing slavery on war captives, Islam adopted the rule of equal treatment with its enemies. Islam has always been superior to its enemies in its kind treatment of slaves as human beings. This was inevitable because the enslavement of war captives was an international institution that could not be unilaterally abolished by Islam.

Otherwise, Muslim captives would have been enslaved while unbelievers who fell captive to Muslims would remain free. This would have tilted the balance in favour of un-Islamic societies. They would no longer have had an incentive to attack the Muslim state, knowing that their captives would never be enslaved.

Therefore, it was inevitable that there would be unbelieving women falling captive to the Muslim society. But what to do with them? Their natural needs would not be totally satisfied with food and drink. There was another aspect which needed satisfying, and had this not been facilitated, promiscuity would have endangered the whole society. Muslims could not marry them as long as they remained unbelievers.

There was only one way out. That was to make an unbelieving captive woman lawful for her master only after making sure that she was not pregnant and after her relationship with her former unbelieving husband was totally and physically severed.

The verse goes on to explain which women are lawful to marry. Before it does so, however, it identifies the source of this legislation, namely God. Only God has the authority to forbid something and legitimise another and to issue legislation in all matters whatsoever: “This is God’s ordinance, binding upon you.” (Verse 24) It is, then, a directive from God, not a question of desire, tradition, or local institutions. People must observe what He legislates for them and abide by it. In turn, they are accountable for its implementation.

We have already pointed out that most of the women whom we are forbidden to marry according to the Qur’ān were also forbidden in the Arabian society in pre- Islamic days. The only ones that were not so forbidden were former wives of parents and marriage to two or more sisters at the same time. The Qur’ān does not simply endorse a practice followed in pre-Islamic days. Rather, we are told that this prohibition is a binding ordinance issued by God. This is a point which merits careful consideration as it relates to the essence of Islamic faith. Moreover, its effects are highly important to us in our practical lives.

Now that the sūrah has defined the women with whom a Muslim may not be married, linking such prohibition of marriages to God’s decrees and ordinances, it goes on to define the area within which people may satisfy their natural desire through marriage. It sets out the way God approves of for the companionship between the two sexes, which leads to the establishment of families. In this way, the meeting between the two sexes provides enjoyment with purity. “Lawful to you are all women other than these, provided that, offering them of your own possessions, you seek to take them in wedlock not in fornication. To those with whom you seek to enjoy marriage, you shall give the dowers due to them; but you will incur no sin if you agree among yourselves on any voluntary arrangement even after what has been stipulated by way of duty. God is indeed All-Knowing, Wise.” (Verse 24)

This Qur’ānic verse states that marriage with any woman other than those listed as forbidden is legitimate. Anyone who wishes to have such a marriage may spend of his money, by way of dowry, not to buy enjoyment outside the marriage bond.

Hence, the verse states: “Provided that, offering them of your own possessions, you seek to take them in wedlock not in fornication.” This condition is stated perfectly clearly even before the sentence is finished. Moreover, the condition is stated first in a positive form, “you seek to take them in wedlock,” which is immediately followed by the negative form, “not in fornication.” Thus no ambiguity whatsoever overshadows this legislation. It describes without any equivocation the nature of the type of relationship Islam approves of, namely marriage, and the nature of the relationship it outlaws, that being promiscuity in any form. Promiscuous relationships, whether as fornication or prostitution, were practised and approved of in pre-Islamic Arabian society. This is clear in the following report given by `Ā’ishah, the Prophet’s wife:

There were four types of man-woman relationship in ignorant days. The first is the same as marriage today: A man makes his proposal to another man to marry a girl in his charge or his daughter, pays her dower and gets married to her.

The second type is that in which a man says to his wife after she has finished her menstruation period: “Contact this person [he names a certain man] and get pregnant by him.” Her husband then keeps away from her and does not sleep with her until her pregnancy by the other man becomes manifest. When it is clear that she is pregnant, her husband may take her to bed if he wants.

The reason behind this is that the husband wants to have a child of better blood. This relationship is known as having a child through another man.

A third form of relationship was that a number of men, less than 10, may share one woman, with each of them having intercourse with her. If she became pregnant, then a few nights after she gives birth, she calls them all for a meeting. None of them can absent himself. When they meet, she says to them: “You know what has passed between me and you. I have given birth to a child. I want you to know that it is the child of ...” She names any one of them and he becomes the father of the child. He cannot decline to acknowledge his parenthood.

When a Muslim finds himself in circumstances that make it practically impossible to marry a free woman who is likely to be more mindful of her chastity, he may use the concession to marry a slave woman so as to resist the temptation of sin.

Any of you who, owing to circumstances, is not in a position to marry a free believing woman may marry a believing maiden from among those whom your right hands possess. God knows all about your faith: you belong to one another. Marry them, then, with their people’s consent and give them their dowers in an equitable manner, as chaste women who give themselves in honest wedlock, not in fornication, nor as women who have secret love companions. If after their marriage, they are guilty of gross immoral conduct, they shall be liable to half the penalty to which free women are liable. This provision applies to those of you who fear to stumble into sin. Yet it is better for you to be patient. God is Much-Forgiving, Merciful. (Verse 25)

The religion of Islam deals with man within the limitations of his nature, abilities and practical life. It takes him by the hand, elevating him from the depths of ignorance to the sublime horizon of Islamic life. At the same time, it provides him with all that he needs. What takes place in an ignorant society is not inevitable.

Ignorant standards are low and Islam wants to elevate humanity to a higher standard.

Islam is aware that, by his nature, man is capable of reaching a high standard. It is true that man may sink in the mud of ignorance, but it is equally true that man is able to reach to the sublime. It is God alone who knows human nature fully, because He has created mankind and is aware of what thoughts work themselves into the human mind: “How could it be that He who has created all should not know all? He is indeed unfathomable in His wisdom, All-Aware.” (67: 14)

In the early Muslim society, slaves were a by-product of war. Their position needed to be sorted out by setting them free either for no return, or in a mutual exchange of prisoners, or for compensation, according to the different circumstances that prevailed between the Muslim community and its enemies. Islam handled that situation by granting permission to masters only to have sexual intercourse with slave women whom they owned. This arrangement took care of the natural needs of those women as was explained in our commentary on the preceding verse. Such a relationship could either be a marital one, if they were believers, or an extra-marital one provided that it was determined that they were not pregnant. A waiting period lasting until they had had one menstruation period was observed. No men other than their masters were allowed to have intercourse with them except through marriage. They were not permitted to sell themselves for money, nor were their masters allowed to make them prostitutes.

This verse regulates the methods and circumstances which permitted their marriage: “Any of you who, owing to circumstances, is not in a position to marry a free believing woman may marry a believing maiden from among those whom your right hands possess”. (Verse 25) Islam prefers for its followers to marry free women if they are able to do so. Freedom imparts dignity to a woman, which enables her to protect her chastity and safeguard her husband’s honour.

Islam provides for a reduced punishment for slave women who commit adultery after marriage. In this way, it takes into account the situation in which such a woman finds herself, understanding that this makes her more liable to sin and less able than a free woman to resist temptation. By its very nature, slavery reduces a woman’s dignity or family reputation. These are the two elements that make a free woman more able to protect her chastity. It also takes into consideration the social and economic differences between a free woman and a slave girl. All these considerations make a slave woman more complacent with regard to her honour and make it easier for her to yield to the temptation of money or position by her seducer. It is for this reason that the penalty for a slave woman who commits adultery after marriage is only half that of a free woman: “If after their marriage, they are guilty of gross immoral conduct, they shall be liable to half the penalty to which free women are liable.” (Verse 25)

It goes without saying that this represents the measurable penalty that can be halved, i.e. flogging. It does not apply to the penalty of stoning which cannot be divided. Hence, if a married believing slave commits adultery, she is given half the punishment of an unmarried free woman. If the slave who commits fornication is unmarried, her penalty is subject to different views among scholars. Some are of the opinion that it is the same, i.e. half the penalty of an unmarried free woman, and that the Imām or ruler administers it. Others are of the view that it is a reduced punishment, administered by her master. These views are argued in books of jurisprudence. We have no intention of delving into these details here. It is sufficient for our purposes to state that Islam takes into consideration all situations while at the same time helping people to maintain their purity and chastity.

This is an example of how Islam maintains a balanced view, taking into consideration all relevant factors. Knowing all that may be of influence in a slave’s life, it does not legislate the same penalty for her as that for a free woman. On the other hand, it does not give undue weight to her circumstances, so as to exempt her altogether from punishment. It strikes the perfect balance.

On the other hand, Islam does not exploit the low position of slaves so as to increase their punishment, in the same way as all man-made laws used to do. Those laws treat people of high position leniently, while administering cruel punishments to those of lower positions. In the celebrated law of the Roman Empire, punishment was increased for all lowly classes. It stated: “A person who seduces a virtuous widow or a virgin shall be punished by the confiscation of half his wealth if he belongs to a noble family, and by flogging and exile if he comes from a low class.” According to the Indian code known by the name of Manū Shāstra, a Brahman who commits a crime punishable by death may not be punished by the governor in any other way than by having his head shaved. Anyone else shall be executed. If an untouchable tries to hit a Brahman with his hand or with a stick, he shall have his hand chopped off. The Jews used to let a noble man who steals go without punishment, while the prescribed punishment was administered to ordinary thieves.

God wants to make all this clear to you and to guide you in the [righteous] ways of life of those who have preceded you, and to turn to you in His mercy. God is All-Knowing, Wise. And God wants to turn to you in His mercy, while those who follow their lusts want you to go very far astray. God wants to lighten your burdens; for man has been created weak. (Verses 26- 28)

These verses provide a perfect and comprehensive comment on the detailed legislation provided by Islam for the family. It is through this legislation that Islamic society is elevated psychologically, morally and socially to a very high, clean and healthy summit. The comment given in these verses reveals to the Muslim community the truth of what God wants for it by His prescription of these laws and regulations. At the same time, the aims of those who follow their lusts are also revealed.

God treats His servants with grace and reveals to them what lies behind His legislation, explaining to them the benefits they will reap as a result of implementing it. It is a gesture of honour, which God does to His servants by speaking thus to them: “God wants to make all this clear to you.” He wants you to understand His wisdom and reflect on it with open eyes and minds. There is nothing enigmatic about His legislation. It is not made arbitrarily. Good servants of God as they Oil are, Muslims deserve to have this wisdom explained to them. This is an honour, which is appreciated only by those who understand the true nature of Godhead and what it means to be a servant of God.

“God wants to make all this clear to you and to guide you in the [righteous] ways of lift of those who have preceded you.” (Verse 26) This method of life is the one that God has decreed for all believers. Its principles, aims and objectives are the same. It is designed for believers in all generations. It is in this sense that they constitute a single nation. Hence, the Qur’ān groups together those who have received true guidance in all generations and localities. This statement helps every Muslim to recognise his roots, the nation to which he belongs and the method he is required to follow. He is one of the faithful who are joined together despite differences of time, place, race and nationality by the bond of faith and a distinctive way of life to which they all subscribe.

“And to turn to you in His mercy.” God, then, makes things clear and guides His servants in the traditions of those who have preceded them as a gesture of mercy that He extends to them. He takes them by the hand so that they can turn to Him in repentance. Thus, He facilitates their way for them and helps them proceed along that easy path.

“God is All-Knowing, Wise.” These directives and legal provisions are, then, derived from His knowledge and wisdom. He knows people’s hearts and souls, and knows what is suitable for them. He has exercised His wisdom in defining their constitution for them and shown them how to implement it.

“And God wants to turn to you in His mercy, while those who follow their lusts want you to go very far astray.” (Verse 27) This short verse reveals the truth of what God wants for people when He established the method of life that He wants them to follow and the truth of what those who follow their lusts, straying far away from God’s constitution, want for them. There is only one way of life that combines seriousness with commitment. All other methods merely follow passions and lusts, and constitute deviation and transgression.

The final word in this comment touches on man’s weakness and the mercy God shows him by giving him a perfect law which lightens his burden and which removes all causes of harm and affliction from him:

“God wants to lighten your burdens; for man has been created weak.” (Verse 28)

Within the area addressed by the preceding verses and regulated by the directives and legal provisions they contain, the Divine wish to lighten man’s burden is clearly apparent. Natural desires are recognised and given a proper, healthy and fruitful method of satisfaction. God neither charges His servants with an unreasonable suppression of these desires, nor does He allow them to run loose after their pleasure without checks and controls. More generally, God’s wish to make things easy for man appears very clearly in the constitution He has laid down for human life which takes into consideration man’s nature, ability and real needs. It taps all man’s constructive energy, protecting it against wasteful use.

Many people assume that adherence to the Divine method, especially in connection with the relationships between men and women, constitutes a heavy burden. They further claim that shedding all inhibitions to satisfy desires freely ensures ease and comfort. This is utter delusion. Seeking only one’s own pleasure in every pursuit and removing the element of duty altogether, confining the objective of human sexual relations to that of its equivalent in the animal world, and removing all moral checks and social duties which influence relations between men and women may appear to give man ease and comfort. In reality, however, they weigh heavily upon man and increase his burden. Their consequences on society, and indeed on every individual, are harmful, wasteful, and destructive. A glance at the situation which prevails in societies that have emancipated themselves and shed the constraints of religion, morality and modesty is enough to make hearts shudder.

Uncontrolled sexual relationships were the major factor that led to the collapse of ancient civilisations, including those of Athens, Rome, and Persia. The same factor is now working for the destruction of Western civilisation. Those effects have appeared first in France and they can be clearly seen now in America, Sweden, England and other Western civilised countries. France is foremost because she took the lead in shedding moral inhibitions. She succumbed in every war she fought since 1870. All indications are that France is moving fast towards total collapse.

In the first place, the French people’s sexual indulgence has gradually resulted in the loss of their physical strength. Ever-present emotional situations have broken down their power of resistance. Craze for sexual pleasures has left them with little or no forbearance, and the prevalence of venereal diseases has affected their national health fatally. Ever since the beginning of the 20th century, after every couple of years or so, the French military authorities have had to lower standards of physical fitness for new entrants, because young men coming up to the previous standards have day by day become rarer. This measure — with the accuracy of a thermometer — precisely indicates how fast has the French nation been losing its physical strength. 3 Venereal diseases are a major cause of its decline. During the first two years of World War I, the number of French soldiers who had to be hospitalised on account of syphilis was estimated at 75,000. In a garrison town of average importance, 242 soldiers were found suffering from this disease simultaneously. Imagine for a while the predicament in which the French nation was involved. On the one hand, it was facing a life and death situation and stood badly in need of the sincerest effort by every single soldier for its survival: each franc was precious, each second of time and each ounce of energy valuable, and all possible resources were called for in national defence. And on the other, thousands of young men lay useless for months together on account of sexual dissipation, and were thus becoming instrumental in squandering national wealth and resources on treatment at such a critical time.