وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا
بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ
مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا
تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيمًا
حَكِيمًا(٢٤:٤)
And all other women are except for those [specified] are lawful to you such
that you seek [them in marriage] through your wealth, desiring chastity, not
lust. [Consequently, if you have not paid their dowers as yet], pay them
their dowers as [your] obligation for the benefit you have derived from
them. If after a dower is prescribed, you agree mutually on something there
is no blame on you and Allah is All- Knowing All-Wise. (4:24)
The pre-requisites of Nikāh which this verse outlines
are:
First, a Nikāh should be
conducted through wealth – which here means dower. The Qur’ān emphasizes
that the Almighty has ordained this payment as an essential pre-requisite of
marriage. Consequently, it has directed Muslims to immediately complete this
obligation if they have not yet done so. However, once a dower has been
ascertained with the realization that it is an obligation of a Muslim
husband, he and his wife can mutually change its amount as well as the time
of its payment. Everyone must nevertheless know that the Originator of this
law is All-Knowing and All-Wise. All His directives are based on flawless
knowledge and deep wisdom. Hence neither should anyone attempt to disobey it
nor dare change it in any way.
It needs to be appreciated
that the dower has special significance: When a man and a woman pledge to
marry, it is the man who takes the financial responsibility of the woman he
is bringing home. The dower is nothing but a symbolic expression of this
responsibility. The Qur’ān uses the words ‘صَدَقَه’
(Sadaqah) and ‘اَجَر’ (Ajar) for it. Both words
imply money which is given to a wife for her needs in return for her
companionship. Like Nikāh and the Nikāh sermon, dower payment is an ancient
practice that was in vogue in Arabia before the advent of the Prophet
Muhammad (sws). It is mentioned in the Bible in similar terms.
While commenting upon the
importance of this age-old custom Imām Amīn Ahsan Islāhī writes:
Matters in which payment of
money is a pre-condition and the payment itself is not a favor but an
obligation, such that it is understood even though it may not be mentioned
and its payment is an obligation dependent on the social status of the lady
– then such matters are serious ones both as regards the Sharī‘ah and the
norms of society. No sensible person will become party to such a contract
unless after deep consideration, he prepares himself to fulfill its
responsibilities – [it is] for these benefits that the payment of the dower
has been made essential. Those who have overlooked these benefits deem that
the payment of the dower money has relegated the status of a woman to a
salable commodity. This of course is the result of not properly perceiving
the underlying reason for the payment of the dower. The reason for this
payment sounds a warning to every person seeking to enter the sacred bond of
marriage that he must think over the extent of responsibility this step will
entail. Marital matters must be taken seriously. Even words said in
light-hearted manner in such matters have a sober status. It is like walking
on the edge of a sharp sword.
No amount has been fixed by
the Sharī‘ah for the dower. It has been left to the norms and traditions of
society. Consequently, it can be fixed according to the social status of the
woman and the financial status of the man who is to become her husband.
Narratives from the Prophet (sws) in this regard also endorse this
viewpoint:
Sahal Ibn Sa‘ad narrates
that once a lady came to the Prophet (sws) and said: ‘O Messenger of God I
have come to present myself to you [in marriage]’. Sahal says that the
Prophet (sws) glanced at her, casting a look upon her from head to toe and
then lowered his head. [Upon this], the lady concluded that the Prophet (sws)
had not made a decision on her proposal and so she sat down. In the
meantime, a person from among the Companions of the Prophet (sws) got up and
remarked: ‘O Prophet (sws) if you do not want her then wed her to me’. The
Prophet (sws) asked: ‘Do you have anything [to pay as dower]’. The person
replied: ‘By God, O Prophet (sws) of God, I have nothing’. The Prophet (sws)
remarked: ‘Go to your home and see if you can find anything’. He went over
to his house, came back and swore before the Prophet (sws) that he had found
nothing. The Prophet (sws) again said: ‘Look again even if you have an iron
ring’. He went to his house again, returned and said: ‘God shall bear
witness that I do not even have that; I do have this loin cloth – Sahal said
that he had no sheet to wear – He requested: ‘Please give half of this
loin-cloth to her’. The Prophet (sws) said: ‘What will she do with this; if
you wear it she would have nothing to wear, and if she wears it you would
have nothing to wear’. At this, that person sat down. After much time
elapsed, he got up to go. When the Prophet (sws) saw him turning his back,
he sent for him. So he was called back. The Prophet (sws) then asked: ‘How
much Qur’ān do you know’. He informed the Prophet (sws) of the specific
sūrahs that he knew. The Prophet (sws) inquired: ‘Do you know them by
heart’. He replied in the affirmative. The Prophet (sws) then said: ‘I wed
her to you in lieu of the Qur’ān that you have learned’.
The second pre-requisite of
marriage stated in the verse is chastity. No adulterer has the right to
marry a chaste woman and no adulteress has the right to marry a chaste man,
except if the matter has not gone to court and the two purify themselves of
this sin by sincere repentance. The words ‘مُحْصِنِينَ
غَيْرَ مُسَافِحِينَ’ point to this pre-requisite. At another place,
the Qur’ān says:
الزَّانِي لَا يَنكِحُ إلَّا زَانِيَةً أَوْ مُشْرِكَةً
وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ
عَلَى الْمُؤْمِنِينَ (٢٤
:
٣)
The man guilty of
fornication may only marry a woman similarly guilty or an idolatress and the
woman guilty of fornication may only marry such a man or an idolater. The
believers are forbidden such marriages.
(24:3)
It is obvious from this verse
and is also evident from divine scriptures that fornication and polytheism
are exactly similar to one another. Just as it cannot be acceptable in any
way that a husband or wife commit marital unfaithfulness, similarly, it is
totally unacceptable for a Muslim that someone else besides the Almighty be
worshipped in his house. In fact, this is more detestable a sin than
sleeping with some other woman. This similarity between fornication and
polytheism could have been deduced; however, the following Qur’ānic verse
explicitly states it:
وَلَا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ
وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْأَعْجَبَتْكُمْ وَلَا
تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ
مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ (٢٢١:٢)
Wed not idolatrous women,
unless they embrace faith. And [remember] a believing slave-girl is better
than an idolatrous woman, although you may fancy her. Nor shall you wed your
women to the Idolaters, unless they embrace faith. And [remember] a
believing slave is better than an Idolater, although you may fancy him.
(2:221)
The Jews and Christians of
the Prophet’s times were also deeply incriminated with the filth of
polytheism. However, since they were basically monotheists, the Almighty was
lenient enough to Muslims to allow marriage with their chaste women:
وَالْمُحْصَنَاتُ مِنْ الَّذِينَ أُوتُوا الْكِتَابَ مِنْ
قَبْلِكُمْ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ
مُسَافِحِينَ وَلَا مُتَّخِذِي أَخْدَانٍ وَمَنْ يَكْفُرْ بِالْإِيمَانِ فَقَدْ
حَبِطَ عَمَلُهُ وَهُوَ فِي الْآخِرَةِ مِنْ الْخَاسِرِينَ(٥:٥)
[Lawful to you in
marriage] are also chaste women from among the People of the Book before
you, – when you give them their due dowers, and desire chastity, not
lewdness, nor secret paramours. (5:5)
It is evident from the context
of the above verse that this permission was granted when no confusion
remained regarding Tawhīd (monotheism) and it prevailed over polytheistic
Arab society in every manner. The verse quoted above begins with the word ‘اَلْيَوْم’
(this day). This word shows that the permission given was also very much
dependent on the circumstances of those times: It was expected that if
Muslim men would marry among the People of the Book these women would be
positively influenced by Islam. In this way not only would there be no clash
with polytheism, but also there was a great chance that most of them would
accept Islam.
Consequently, Muslims today
must necessarily take this aspect into consideration.
Similarly, it should be kept
in mind that it is essential for the sanctity of the institution of family –
the very institution marriage creates – that marriage take place with the
consent and presence of the elders of the family. There is no doubt about
the fact that the decision of marriage is primarily taken by the concerned
man and woman. However, if the marriage does not take place through the
consent of the guardians or the elders of a family, then there must be a
solid reason for this. In the absence of such a reason, a state has the
authority to annul such a marriage.
Narratives such as ‘لَا نِكَاحَ اِلَّا بِوَلِى’
(No marriage should take place without the [permission of] the guardian)
and other similar ones actually allude to this aspect. Since the rebellion
of a lady in this matter can cause great disruption in a family, the Prophet
(sws) made it clear upon the guardians, through both his words and the
measures he took, that they must not take any decision in this regard
without her consent. If the lady wants, their decision can be revoked.
It is narrated by Abū Hurayrah
(rta) that the Prophet (sws) is reported to have said: ‘A widow must not be
married off without her consent and the consent of a virgin is [also]
necessary’. People inquired: ‘How should her consent be obtained’. The
Prophet answered: ‘If she stays quiet it means that she agrees to it’.
Ibn ‘Abbās narrates from the
Prophet (sws): ‘A widow can take her decision herself and permission must be
sought from a virgin’.
Binti Khudhām says that when
she became a widow, her father solemnized her marriage. She did not like the
decision. So she came over to the Prophet (sws) and he gave her the
permission to revoke her marriage.
(Translated from
‘Mīzān’ by Shehzad Saleem)
_____________
|